Section 501 cancellations 2014-15 by power and character test ground.
s.501 Power*
s501 Grounds**
s501(2)
s501(3)
s501(3A)
s501A(2)
s501A(3)
Total
s501 (6)(a)
73
486
7
1
566
s501 (6)(a);
s501 (6)(e)(i)
3
3
s501 (6)(b)
3
3
s501 (6)(b);
s501 (6)(c)(ii)
1
1
s501 (6)(c)(i)
1
1
s501 (6)(d) (ii)
1
1
s501 (6)(d) (v)
2
2
s501 (6)(e)(i)
2
2
Total
73
6
493
7
1
580
* Powers:
•
s501(2) discretionary cancellation power with natural justice (Minister or delegate);
•
s501(3) is the power available to the Minister to make decisions without natural justice, in the national interest;
•
s501(3A) is the mandatory cancellation power that applies to non-citizens serving a full-time sentence of imprisonment in a custodial facility,
who have a previous 12 month sentence of imprisonment or been found guilty or convicted of a sexually based crime involving a minor;
•
s501A is the Minister’s personal power to set-aside and substitute a non-adverse decision where it is in the national interest to
exercise those powers. This can be done with notice (501A(2)), or without notice (501A(3)).
** Grounds (for full version of the character test please refer t
o http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html):
•
s501(6)(a) – substantial criminal record (as defined by one or more grounds under s.501(7);
•
s501(6)(b) – ‘association’ or ‘membership’ to a group/person reasonably suspected of having been involved in criminal conduct.
•
s501(6)(c)(i) – past and present
criminal conduct
•
s501(6)(c)(ii) – past and present
general conduct
•
s501(6)(d) – ‘risk’ provisions relates to (i) criminal conduct (ii) harass/molest/intimidate/stalk a person (iii) vilify a segment of
the community (iv) incite discord in the community/segment of the community (v) representing a danger to the community.
•
s501(6)(e) – convicted of a sexually based offence involving a minor (i) or; found guilty of a sexually based offence involving a
minor (ii)