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 A - Preliminary  

SECTION 395.2   Definitions  

(1)    
In this Division:

AFP member
means:

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or

(b) 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) a decision on an application for a community safety order; or

(b) a decision on an application to vary a community safety supervision order; or

(c) a decision in a review of a community safety order to affirm, revoke or vary the order; or

(d) a decision made under section 395.34 (when a serious offender is unable to engage a legal representative).

Note:

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.

Note:

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:

(a) an AFP member; or

(b) 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) a person who is:

(i) registered as a medical practitioner under a law of a State or Territory; and

(ii) a fellow of the Royal Australian and New Zealand College of Psychiatrists;

(b) any other person registered as a medical practitioner under a law of a State or Territory;

(c) a person registered as a psychologist under a law of a State or Territory;

(d) any other expert.

reside
includes reside temporarily.

residence
includes temporary residence.

senior AFP member
means:

(a) the Commissioner of the Australian Federal Police; or

(b) a Deputy Commissioner of the Australian Federal Police; or

(c) 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:

(a) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and

(b) 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

(c) the particular conduct constituting the offence involved, involves or would involve, as the case requires:

(i) loss of a person ' s life or serious risk of loss of a person ' s life; or

(ii) serious personal injury or serious risk of serious personal injury; or

(iii) sexual assault; or

(iv) sexual assault involving a person under 16; or

(v) the production, publication, possession, supply or sale of, or other dealing in, child abuse material (within the meaning of Part 10.6 ); or

(vi) consenting to or procuring the employment of a child, or employing a child, in connection with material referred to in subparagraph (v); or

(vii) 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) .

Note:

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:

(a) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and

(b) the particular conduct constituting the offence involved, involves or would involve, as the case requires:

(i) loss of a person ' s life or serious risk of loss of a person ' s life; or

(ii) serious personal injury or serious risk of serious personal injury; or

(iii) sexual assault; or

(iv) sexual assault involving a person under 16; or

(v) the production, publication, possession, supply or sale of, or other dealing in, child abuse material (within the meaning of Part 10.6 ); or

(vi) consenting to or procuring the employment of a child, or employing a child, in connection with material referred to in subparagraph (v); or

(vii) 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:

(a) the person or class is any of the following:

(i) a police officer, or class of police officer;

(ii) if the requirement or condition relates to electronic monitoring - a person, or class of person, who is involved in electronically monitoring the subject;

(iii) for any requirement or condition in the order - any other person, or class of person; and

(b) the Court making the order is satisfied that the person or class is appropriate in relation to the requirement or condition; and

(c) the person or class is specified in the order.

Definition of detained in custody etc.

(2)    
A person is detained in custody if the person is detained in custody under a law of the Commonwealth, a State or a Territory.

(3)    
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

(4)    
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 .