Who a community safety order may apply to and effect of community safety orders
395.5 Who a community safety order may apply to and effect of community safety orders
A community safety order may be made under section 395.12 or 395.13 in relation to a person (the serious offender) if:
the person has been convicted of a serious violent or sexual offence; and
the person is a non‑citizen; and
there is no real prospect of removal of the person from Australia becoming practicable in the reasonably foreseeable future; and
a subsection of section 395.6 provides that the order may be made in relation to the person; and
the person is at least 18 years old.
Before making the order, a Court must be satisfied of certain matters under section 395.12 or 395.13.
A community safety order may be made under section 395.12 or 395.13 in relation to a person (the serious offender) if:
the person has been convicted of a serious foreign violent or sexual offence; and
the person is a non‑citizen; and
there is no real prospect of removal of the person from Australia becoming practicable in the reasonably foreseeable future; and
a subsection of section 395.6 provides that the order may be made in relation to the person; and
the person is at least 18 years old.
Before making the order, a Court must be satisfied of certain matters under section 395.12 or 395.13.
Effect of community safety detention order
The effect of a community safety detention order is to commit the person to detention in a prison for the period the order is in force.
The period must not be more than 3 years (see subsection 395.12(5)).
See also:
section 395.41 (detention under the Migration Act 1958); and
section 395.42 (effect of prison detention on community safety order); and
subsection 395.47(2) (arrangements with States and Territories); and
section 395.50 (effect of community safety detention orders on bail or parole laws).
Effect of a community safety supervision order
The effect of a community safety supervision order is to impose on the person, for the period the order is in force, conditions contravention of which is an offence.
The period must not be more than 3 years (see paragraph 395.13(5)(d)).
See also sections 395.41 (detention under the Migration Act 1958) and 395.42 (effect of prison detention on community safety order).
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