Document ID: chunk:federal_register_of_legislation:C2006C00048:clause:1_501:p2
Version: federal_register_of_legislation:C2006C00048
Segment Type: clause
Provision Reference: sch 1 cl 501 (pt 2/3)
Character Range: 15676–18260

in any other way.
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 (whether on one or more occasions), where the total of those terms is 2 years 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.

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 is to be disregarded if:
 (a) the conviction concerned has been quashed or otherwise nullified; or
 (b) the person has been pardoned in relation to the conviction concerned.

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.