Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision E - Review of community safety order  

SECTION 395.23   Periodic review of community safety order  
When application for review must be made

(1)    
The Immigration Minister, or a legal representative of the Immigration Minister, must, before the end of the period referred to in subsection (2) , apply to a Supreme Court of a State or Territory for a review of a community safety order that is in force in relation to a serious offender.

Note:

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

(2)    
The application must be made:

(a)    before the end of 12 months after the order began to be in force (unless paragraph (b) or (c) applies); or

(b)    if the order has been reviewed under this Subdivision by a Supreme Court of a State or Territory - before the end of 12 months after the most recent review ended (unless paragraph (c) applies); or

(c)    if paragraph (a) or (b) would otherwise apply and, at the time described in that paragraph, the community safety order is suspended under section 395.42 because the offender is detained in custody in a prison - on or before the day the offender ' s detention in a prison ends.

(3)    
Despite subsection (1) , an application for a review is not required if an application for a new community safety order in relation to the offender has been made and not withdrawn.

Review must be conducted before end of period

(4)    
On receiving the application, the Court must begin the review of the order before the end of that period.

Note:

For the process for reviewing a community safety order, see section 395.25 .

Where application must be made

(5)    
The application must be made to the Court of the State or Territory where:

(a)    for a community safety detention order - the prison in which the offender is detained is located; or

(b)    for a community safety supervision order - the offender resides.

Note:

See subsection 395.2(1) for the definition of reside .

Order ceases to be in force if application not made

(6)    
If an application is not made in accordance with this section, the order ceases to be in force at the end of the period referred to in subsection (2) .