Criminal Code Act 1995

The Immigration Minister, or a legal representative of the Immigration Minister, (the applicant) may apply to a Supreme Court of a State or Territory for either of the following:

a community safety detention order in relation to a serious offender;

a community safety supervision order in relation to a serious offender.

The court may make a community safety supervision order under section 395.13 even if a community safety detention order is applied for.

The Immigration Minister must ensure that reasonable inquiries are made to ascertain any facts known to any Commonwealth law enforcement officer that would reasonably be regarded as supporting a finding that:

if the application is for a community safety detention order—neither a community safety detention order nor a community safety supervision order should be made in relation to the offender; or

if the application is for a community safety supervision order—the community safety supervision order should not be made in relation to the offender.

The application must:

include any report or other document that the applicant intends, at the time of the application, to rely on in relation to the application; and

include:

a copy of any material in the possession of the applicant; and

a statement of any facts that the applicant is aware of;

include information about the offender’s age; and

if the offender is a holder under the Migration Act 1958 of a visa that is subject to one or more conditions—specify the conditions; and

request that the order be in force for a specified period; and

if the application is for a community safety supervision order—include the following material:

a copy of the proposed conditions;

an explanation as to why each of the proposed conditions should be imposed on the offender;

if the Immigration Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the Immigration Minister or any other person);

if the offender is subject to an order under a law of a State or Territory that is equivalent to a community safety order—a copy of that order; and

if a report was obtained under section 395.43 in relation to the offender—include a copy of the report.

For paragraph (3)(e), the period must not be more than 3 years (see subsection 395.12(5) and paragraph 395.13(5)(d)).

Evidence may also be adduced later under section 395.28.

A copy of the application must be given to the serious offender under section 395.29.