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 H - Miscellaneous  

SECTION 395.41   Detention under the Migration Act 1958  

(1)    
The fact that:

(a)    a community safety order is in force in relation to a serious offender; or

(b)    a serious offender is detained in accordance with a community safety detention order;

does not prevent the offender being detained under the Migration Act 1958 .

Note:

For example, the offender may be detained under the Migration Act 1958 if there is a real prospect of the removal of the offender from Australia becoming practicable in the reasonably foreseeable future.

Effect of detention on community safety orders

(2)    
A community safety detention order in relation to a serious offender is suspended during the period that the offender is detained under the Migration Act 1958 .

(3)    
A community safety supervision order in relation to a serious offender is suspended during the period that the offender is detained under the Migration Act 1958 .

Effect of suspension

(4)    
A community safety order continues to be in force during the period in which the order is suspended under this section.

(5)    
However, the offender is not required to comply with any condition in a community safety supervision order during the period that the order is suspended.