Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of regulation 1.20KC, a sponsor has a significant criminal record in relation to a relevant offence or relevant offences if, for that offence or those offences:
(a) the sponsor has been sentenced to death; or
(b) the sponsor has been sentenced to imprisonment for life; or
(c) the sponsor has been sentenced to a term of imprisonment of 12 months or more; or
(d) the sponsor has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more.
(2) For the purposes of subregulation (1), if a sponsor 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 sponsor is sentenced to 2 terms of 3 months imprisonment for 2 offences, to be served concurrently. For the purposes of subregulation (1), the total of those terms is 6 months.
(3) For the purposes of subregulation (1), if a sponsor has been sentenced to periodic detention, the sponsor's term of imprisonment is taken to be equal to the number of days the sponsor is required under that sentence to spend in detention.
Residential schemes or programs
(4) For the purposes of subregulation (1), if a sponsor has been convicted of a relevant offence, and the court orders the sponsor to participate in:
(a) a residential drug rehabilitation scheme; or
(b) a residential program for the mentally ill;
the sponsor is taken to have been sentenced to a term of imprisonment equal to the number of days the sponsor is required to participate in the scheme or program.
(5) For the purposes of subregulation (1), a sentence imposed on a sponsor for a relevant offence, or the conviction of a sponsor for a relevant offence, is to be disregarded if:
(a) the conviction concerned has been quashed or otherwise nullified; or
(i) the sponsor has been pardoned in relation to the conviction concerned; and
(ii) the effect of that pardon is that the sponsor is taken
never to have been convicted of the offence.