Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies in relation to:
(a) an application for any of the following visas:
(i) a Child (Migrant) (Class AH) visa;
(ii) a Child (Residence) (Class BT) visa;
(iii) an Extended Eligibility (Temporary) (Class TK) visa;
(iv) a Partner (Temporary) (Class UK) visa;
(v) a Prospective Marriage (Temporary) (Class TO) visa;
(vi) a Partner (Provisional) (Class UF) visa;
if the primary applicant or secondary applicant is under 18 at the time of the application; and
(b) an application for the approval of a sponsorship in relation to that application for a visa.
Sponsor charged with registrable offence
(2) If the sponsor has been charged with a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
(a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
(b) the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.
Sponsor convicted of registrable offence
(3) Subject to subregulations (4) and (5), if the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
(a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
(b) the conviction has been quashed or otherwise set aside.
(4) Despite subregulation (3), the Minister may decide to approve the sponsorship if:
(a) the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
(b) the sponsor has not been charged with a registrable offence since the sponsor completed that sentence; and
(c) there are compelling circumstances affecting the sponsor or the applicant.
(5) Despite subregulation (3), the Minister may decide to approve the sponsorship if:
(a) the sponsor completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
(b) if the sponsor has been charged with a registrable offence since the sponsor completed that sentence--the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and
(c) there are compelling circumstances affecting the sponsor or the applicant.
(6) Subregulations (7) to (10) do not apply in relation to an application for any of the following visas:
(a) a Partner (Temporary) (Class UK) visa;
(b) a Prospective Marriage (Temporary) (Class TO) visa;
(c) a Partner (Provisional) (Class UF) visa.
Spouse or de facto partner charged with registrable offence
(7) If the spouse or de facto partner of the sponsor has been charged with a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
(a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
(b) the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction.
Spouse or de facto partner convicted of registrable offence
(8) Subject to subregulations (9) and (10), if the spouse or de facto partner of the sponsor has been convicted of a registrable offence, the Minister must refuse to approve the sponsorship of all of the applicants for the visa unless:
(a) none of the applicants is under 18 at the time of the decision on the application for approval of the sponsorship; or
(b) the conviction has been quashed or otherwise set aside.
(9) Despite subregulation (8), the Minister may decide to approve the sponsorship if:
(a) the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
(b) the spouse or de facto partner has not been charged with a registrable offence since the sponsor completed that sentence; and
(c) there are compelling circumstances affecting the sponsor or the applicant.
(10) Despite subregulation (8), the Minister may decide to approve the sponsorship if:
(a) the spouse or de facto partner completed the sentence imposed for the registrable offence (including any period of release under recognisance, parole, or licence) more than 5 years before the date of the application for approval of the sponsorship; and
(b) if the spouse or de facto partner has been charged with a registrable offence since the spouse or de facto partner completed that sentence--the charge has been withdrawn, dismissed or otherwise disposed of without the recording of a conviction; and
(c) there are compelling circumstances affecting the sponsor or the applicant.
Evidence of charge or conviction
(11) To determine whether a sponsor, or the spouse or de facto partner of a sponsor, has been charged with, or convicted of, a registrable offence, the Minister may request the sponsor, or the spouse or de facto partner of the sponsor, to provide a police check from:
(a) a jurisdiction in Australia specified in the request; or
(b) a country, specified in the request, in which the sponsor or the spouse or de facto partner has lived for a period, or a total period, of at least 12 months.
(12) In addition to other reasons set out in this regulation for refusing to approve a sponsorship, the Minister may refuse to approve the sponsorship of all applicants for a visa if:
(a) the Minister has requested a police check for the sponsor or the sponsor's spouse or de facto partner; and
(b) the sponsor or the sponsor's spouse or de facto partner does not provide the police check within a reasonable time.
(13) In this regulation:
"primary applicant" , for a visa, means the applicant seeking to satisfy the primary criteria for the visa.
"registrable offence" means any of the following:
(a) an offence that is a registrable offence within the meaning of any of the following Acts:
(i) the Child Protection (Offenders Registration) Act 2000 (NSW);
(ii) the Sex Offenders Registration Act 2004 (Vic);
(iii) the Child Sex Offenders Registration Act 2006 (SA);
(iv) the Crimes (Child Sex Offenders) Act 2005 (ACT);
(b) an offence that would be a registrable offence under paragraph (a) if it were committed in a jurisdiction mentioned in that paragraph;
(c) an offence that is a reportable offence within the meaning of any of the following Acts:
(i) the Child Protection (Offender Reporting) Act 2004 (Qld);
(ii) the Community Protection (Offender Reporting) Act 2004 (WA);
(iii) the Community Protection (Offender Reporting) Act 2005 (Tas);
(iv) the Child Protection (Offender Reporting and Registration) Act 2004 (NT);
(d) an offence that would be a reportable offence under paragraph (c) if it were committed in a jurisdiction mentioned in that paragraph.
"secondary applicant" , for a visa, means an applicant seeking to satisfy the secondary criteria for the visa in relation to the primary applicant.