Definitions
395.2 Definitions
In this Division:
AFP member means:
a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
a special member of the Australian Federal Police (within the meaning of that Act).
Commonwealth law enforcement officer has the meaning given by Part 7.8.
community safety detention order means an order made under subsection 395.12(1).
community safety order means a community safety detention order or a community safety supervision order.
community safety order decision means:
a decision on an application for a community safety order; or
a decision on an application to vary a community safety supervision order; or
a decision in a review of a community safety order to affirm, revoke or vary the order; or
a decision made under section 395.34 (when a serious offender is unable to engage a legal representative).
See also subsection (4).
community safety order proceeding means a proceeding under Subdivision C, D or E.
community safety supervision order means an order made under subsection 395.13(1).
detained in custody has the meaning given by subsection (2).
detained in custody in a prison has the meaning given by subsection (3).
exemption condition has the meaning given by subsection 395.15(2).
immigration detention has the same meaning as in the Migration Act 1958.
Immigration Minister means the Minister administering the Migration Act 1958.
lawyer means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.
monitoring device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.
See also the definition of related monitoring equipment in this subsection.
non‑citizen means a person who is not an Australian citizen.
personal information has the same meaning as in the Privacy Act 1988.
police officer means:
an AFP member; or
a member (however described) of a police force of a State or Territory.
premises includes a place, an aircraft, a vehicle and a vessel.
prison includes any gaol, lock‑up or remand centre.
related monitoring equipment, in relation to a monitoring device, means any electronic equipment necessary for operating the monitoring device.
relevant expert means any of the following persons who is competent to assess the risk of a serious offender committing a serious violent or sexual offence:
a person who is:
registered as a medical practitioner under a law of a State or Territory; and
a fellow of the Royal Australian and New Zealand College of Psychiatrists;
any other person registered as a medical practitioner under a law of a State or Territory;
a person registered as a psychologist under a law of a State or Territory;
any other expert.
reside includes reside temporarily.
residence includes temporary residence.
senior AFP member means:
the Commissioner of the Australian Federal Police; or
a Deputy Commissioner of the Australian Federal Police; or
an AFP member of, or above, the rank of Superintendent.
serious foreign violent or sexual offence means an offence against a law of a foreign country, or of part of a foreign country, where:
it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and
it is constituted by conduct that, if engaged in in Australia, would constitute an offence against a law of the Commonwealth, a State or a Territory; and
the particular conduct constituting the offence involved, involves or would involve, as the case requires:
loss of a person’s life or serious risk of loss of a person’s life; or
serious personal injury or serious risk of serious personal injury; or
sexual assault; or
sexual assault involving a person under 16; or
the production, publication, possession, supply or sale of, or other dealing in, child abuse material (within the meaning of Part 10.6); or
consenting to or procuring the employment of a child, or employing a child, in connection with material referred to in subparagraph (v); or
acts done in preparation for, or to facilitate, the commission of a sexual offence against a person under 16.
serious offender has the meaning given by subsections 395.5(1) and (2).
This definition is affected by section 395.37.
serious violent or sexual offence means an offence against a law of the Commonwealth, a State or a Territory where:
it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and
the particular conduct constituting the offence involved, involves or would involve, as the case requires:
loss of a person’s life or serious risk of loss of a person’s life; or
serious personal injury or serious risk of serious personal injury; or
sexual assault; or
sexual assault involving a person under 16; or
the production, publication, possession, supply or sale of, or other dealing in, child abuse material (within the meaning of Part 10.6); or
consenting to or procuring the employment of a child, or employing a child, in connection with material referred to in subparagraph (v); or
acts done in preparation for, or to facilitate, the commission of a sexual offence against a person under 16.
specified authority: a person, or person in a class of persons, is a specified authority for a requirement or condition in a community safety supervision order in relation to another person (the subject) if:
the person or class is any of the following:
a police officer, or class of police officer;
if the requirement or condition relates to electronic monitoring—a person, or class of person, who is involved in electronically monitoring the subject;
for any requirement or condition in the order—any other person, or class of person; and
the Court making the order is satisfied that the person or class is appropriate in relation to the requirement or condition; and
the person or class is specified in the order.
Definition of detained in custody etc.
A person is detained in custody if the person is detained in custody under a law of the Commonwealth, a State or a Territory.
A person is detained in custody in a prison if the person is detained in custody in a gaol, lock‑up or remand centre, including under a community safety detention order. However, a person is not detained in custody in a prison if the person is in immigration detention in a gaol, lock‑up or remand centre.
When a decision is made
To avoid doubt, a decision on an application to a Supreme Court of a State or Territory for a community safety order is not made until the Court determines the application in accordance with section 395.10.
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