Document ID: chunk:federal_register_of_legislation:C2004A00893:clause:1_91u
Version: federal_register_of_legislation:C2004A00893
Segment Type: clause
Provision Reference: sch 1 cl 91U
Character Range: 6726–8522

91U  Particularly serious crime

 (1) For the purposes of the application of this Act and the regulations to a particular person, Article 33(2) of the Refugees Convention as amended by the Refugees Protocol has effect as if a reference in that Article to a particularly serious crime included a reference to a crime that consists of the commission of:
 (a) a serious Australian offence (as defined by subsection (2)); or
 (b) a serious foreign offence (as defined by subsection (3)).

 (2) For the purposes of this section, a serious Australian offence is an offence against a law in force in Australia, where:
 (a) the offence:
 (i) involves violence against a person; or
 (ii) is a serious drug offence; or
 (iii) involves serious damage to property; or
 (iv) is an offence against section 197A or 197B (offences relating to immigration detention); and
 (b) the offence is punishable by:
 (i) imprisonment for life; or
 (ii) imprisonment for a fixed term of not less than 3 years; or
 (iii) imprisonment for a maximum term of not less than 3 years.

 (3) For the purposes of this section, a serious foreign offence is an offence against a law in force in a foreign country, where:
 (a) the offence:
 (i) involves violence against a person; or
 (ii) is a serious drug offence; or
 (iii) involves serious damage to property; and
 (b) if it were assumed that the act or omission constituting the offence had taken place in the Australian Capital Territory, the act or omission would have constituted an offence (the Territory offence) against a law in force in that Territory, and the Territory offence would have been punishable by:
 (i) imprisonment for life; or
 (ii) imprisonment for a fixed term of not less than 3 years; or
 (iii) imprisonment for a maximum term of not less than 3 years.