Document ID: chunk:federal_register_of_legislation:C2024C00800:section:501:p4
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 501 (pt 4/4)
Character Range: 1269612–1271685

of the character test, the total of those terms is 6 months.

Periodic detention
 (8) For the purposes of the character test, if a person has been sentenced to periodic detention, the person's term of imprisonment is taken to be equal to the number of days the person is required under that sentence to spend in detention.

Residential schemes or programs
 (9) For the purposes of the character test, if a person has been convicted of an offence and the court orders the person to participate in:
 (a) a residential drug rehabilitation scheme; or
 (b) a residential program for the mentally ill;
the person is taken to have been sentenced to a term of imprisonment equal to the number of days the person is required to participate in the scheme or program.

Pardons etc.
 (10) For the purposes of the character test, a sentence imposed on a person, or the conviction of a person for an offence, is to be disregarded if:
 (a) the conviction concerned has been quashed or otherwise nullified; or
 (b) both:
 (i) the person has been pardoned in relation to the conviction concerned; and
 (ii) the effect of that pardon is that the person is taken never to have been convicted of the offence.

Conduct amounting to harassment or molestation
 (11) For the purposes of the character test, conduct may amount to harassment or molestation of a person even though:
 (a) it does not involve violence, or threatened violence, to the person; or
 (b) it consists only of damage, or threatened damage, to property belonging to, in the possession of, or used by, the person.

Definitions
 (12) In this section:
court includes a court martial or similar military tribunal.
imprisonment includes any form of punitive detention in a facility or institution.
sentence includes any form of determination of the punishment for an offence.
Note 1: Visa is defined by section 5 and includes, but is not limited to, a protection visa.
Note 2: For notification of decisions under subsection (1) or (2), see section 501G.
Note 3: For notification of decisions under subsection (3), see section 501C.