Australian visa conditions on criminal conduct and prejudice to security (2026)

Plain-language guide · general information, not immigration advice

Yes — criminal conduct and security-related conduct are written into Australian visa conditions directly, and breaching one can place the visa itself at risk. Schedule 8 of the Migration Regulations 1994 sets out conditions 8528, 8564, 8303 and 8553, which respectively cover criminal convictions with sentences totalling 12 months or more, engaging in criminal conduct, involvement in activities disruptive to or violent toward the Australian community, and involvement in activities prejudicial to security. The notes to these conditions point to sections 41 and 116 to 119 of the Migration Act 1958 for how conditions are imposed and how a breach can lead to cancellation. This follows the text published by the Australian Government Federal Register of Legislation (legislation.gov.au) as at September 2026.

What do these conduct-related conditions actually say?

Condition	What the holder must do or not do (as set out in Schedule 8)
8528	Must not have one or more criminal convictions where the sentence or sentences (whether served or not) total 12 months or more, at the time of travel to, and entry into, Australia
8564	Must not engage in criminal conduct
8303	Must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community
8553	Must not become involved in activities that are prejudicial to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979)
8556	Must not communicate or associate with an entity listed under Part 4 of the Charter of the United Nations Act 1945, an organisation prescribed by regulations made under the Criminal Code Act 1995 for the purposes of paragraph (b) of the definition of "terrorist organisation" in subsection 102.1(1) of the Criminal Code, or a state sponsor of terrorism within the meaning of the Criminal Code

Each of these is a standalone obligation attached to the visa, not a general statement of policy.

How is having a conviction (8528) different from engaging in criminal conduct (8564)?

Condition 8528 is built around a measurable threshold: one or more criminal convictions where the sentence or sentences — whether served or not — add up to a total of 12 months or more. It is also anchored to a specific moment: the time of travel to, and entry into, Australia.

Condition 8564 works differently. Its text is simply that the holder must not engage in criminal conduct. It does not mention a conviction, and it does not tie the obligation to travel or entry. So the two conditions can capture different situations: 8528 turns on the sentencing outcome attached to convictions, while 8564 turns on conduct itself.

Suppose a visa holder has two convictions from the same proceeding, with sentences of 7 months and 6 months, one of which is not actually served. The sentences total 13 months, and the wording "whether served or not" means the unserved sentence is still counted for 8528. That is a hypothetical illustration of how the threshold is written, not a prediction of any outcome.

What does "prejudicial to security" mean under 8553?

Condition 8553 does not list the conduct it covers. Instead, it borrows a definition: "security" takes its meaning from section 4 of the Australian Security Intelligence Organisation Act 1979 (ASIO Act). Any assessment of what is prejudicial to security therefore has to be read against that Act rather than against the visa condition alone.

This is the practical difference between 8553 and 8303. The 8303 text describes the activity itself; the 8553 text describes the activity only by reference to another statute.

What does 8303 actually prohibit?

Condition 8303 has two limbs, joined by "or":

becoming involved in activities disruptive to the Australian community, or to a group within the Australian community;
violence threatening harm to the Australian community, or to a group within the Australian community.

The wording is "become involved in", which is broader than personally carrying out an act. Disruption on its own is enough for the first limb; the second limb is about violence that threatens harm. Either way, the reference point is the Australian community or a group within it.

Who counts as off-limits under 8556?

Condition 8556 prohibits communicating or associating with three defined categories: entities listed under Part 4 of the Charter of the United Nations Act 1945; organisations prescribed by regulations made under the Criminal Code Act 1995 for the purposes of paragraph (b) of the definition of "terrorist organisation" in subsection 102.1(1) of the Criminal Code; and state sponsors of terrorism within the meaning of the Criminal Code.

The condition is about communication or association itself. Nothing in its text requires any further wrongdoing, and the categories are determined by the listing and prescription mechanisms in those Acts rather than by the visa condition.

Where do 8301 and 8302 fit in?

Conditions 8301 and 8302 are about public interest criteria rather than conduct. Under 8301, after entry to Australia the holder must satisfy the relevant public interest criteria before the visa ceases. Under 8302, the same applies to all relevant members of the family unit.

The distinction matters for anyone applying with family: 8302 means the public interest criteria position of other family members is not separate from the visa outcome.

Which of these conditions apply to my visa?

None of them apply automatically to every visa. The note attached to each condition in Schedule 8 states that whether a visa of a particular class may be made subject to the condition depends on the relevant provision in Schedule 2 of the Migration Regulations 1994. The wording "may be made subject to" also signals that this is a matter of how the visa class is framed, not a universal rule.

So the correct order is: identify the visa class, then read the Schedule 2 provision for that class to see which conditions can be imposed.

What happens if a condition is breached?

Schedule 8 states the obligations; it does not set out the consequences. For that, the notes direct readers to sections 41 and 116 to 119 of the Migration Act 1958, which deal with the imposition of conditions and with cancellation for breaches of conditions. Whether a breach has occurred, and what follows from it, is determined under that Act on the facts of the individual case.

This article describes the published condition text for general information only and is not advice about any person's circumstances; a possible breach turns on specific facts and on the provisions of the Migration Act 1958, so the official legislation as currently published should be treated as the authoritative statement, and professional advice is the appropriate route for an individual situation.

Frequently Asked Questions

Does condition 8528 mean a 12-month sentence automatically cancels my visa?

No automatic rule is written into the condition. Condition 8528 sets a threshold — one or more convictions with sentences totalling 12 months or more, whether served or not, at the time of travel to and entry into Australia — while the consequences of a breach are dealt with under sections 116 to 119 of the Migration Act 1958.

Can condition 8564 be breached without a criminal conviction?

The text of 8564 is that the holder must not engage in criminal conduct, and it does not refer to a conviction. How criminal conduct is established is not defined inside the condition itself.

Which law defines "security" for condition 8553?

Condition 8553 refers to section 4 of the Australian Security Intelligence Organisation Act 1979 for the meaning of security, so the scope of the condition is read from that Act.

Do conditions 8301 and 8302 cover only the main visa holder?

No. Condition 8301 covers the holder, and condition 8302 extends the same requirement to all relevant members of the family unit, with both applying after entry and before the visa ceases.

How can I tell which conditions are attached to my visa?

The Schedule 8 notes say this depends on the relevant provision in Schedule 2 of the Migration Regulations 1994 for that visa class, and that a visa of a particular class may be made subject to the condition. The Schedule 2 provision for your visa class is the starting point.

Does merely associating with a listed organisation breach condition 8556?

Yes, on the face of the condition. It prohibits communicating or associating with a listed entity, a prescribed terrorist organisation, or a state sponsor of terrorism, each as defined in the Acts named in the condition, without requiring any additional conduct.