Document ID: chunk:federal_register_of_legislation:C2024C00800:section:501:p3
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 501 (pt 3/4)
Character Range: 1267288–1269840

sexually based offences involving a child; or
 (ii) found the person guilty of such an offence, or found a charge against the person proved for such an offence, even if the person was discharged without a conviction; or
 (f) the person has, in Australia or a foreign country, been charged with or indicted for one or more of the following:
 (i) the crime of genocide;
 (ii) a crime against humanity;
 (iii) a war crime;
 (iv) a crime involving torture or slavery;
 (v) a crime that is otherwise of serious international concern; or
 (g) the person has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or
 (h) an Interpol notice in relation to the person, from which it is reasonable to infer that the person would present a risk to the Australian community or a segment of that community, is in force.
Otherwise, the person passes the character test.

Substantial criminal record
 (7) For the purposes of the character test, a person has a substantial criminal record if:
 (a) the person has been sentenced to death; or
 (b) the person has been sentenced to imprisonment for life; or
 (c) the person has been sentenced to a term of imprisonment of 12 months or more; or
 (d) the person has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more; or
 (e) the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution; or
 (f) the person has:
 (i) been found by a court to not be fit to plead, in relation to an offence; and
 (ii) the court has nonetheless found that on the evidence available the person committed the offence; and
 (iii) as a result, the person has been detained in a facility or institution.

Concurrent sentences
 (7A) For the purposes of the character test, if a person has been sentenced to 2 or more terms of imprisonment to be served concurrently (whether in whole or in part), the whole of each term is to be counted in working out the total of the terms.
Example: A person is sentenced to 2 terms of 3 months imprisonment for 2 offences, to be served concurrently. For the purposes 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