A court must not impose a sentence less than otherwise appropriate in order to avoid triggering the character test under s 501 of the Migration Act 1958 (Cth) and thereby affect the Minister's deportation decision. However, the possibility of deportation may be a relevant consideration insofar as it impacts on the offender's family or dependants under s 33(o) of the Crimes (Sentencing) Act 2005 (ACT), though this does not permit tailoring the sentence to affect the deportation outcome.
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