Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.10 - Community safety orders
View history note
Hide history noteAny of the following persons (the applicant ) may apply to a Supreme Court of a State or Territory to vary a community safety supervision order in relation to a serious offender by varying or removing one or more conditions mentioned in section 395.14 : (a) the Immigration Minister or a legal representative of the Immigration Minister; (b) the offender or a legal representative of the offender.
(2)
The application must be made to the Court of the State or Territory where the offender resides.
Note:
See subsection 395.2(1) for the definition of reside .
(3)
The Court may vary the order if the Court is satisfied that: (a) written consent to the variation has been given by:
(i) if the applicant is the Immigration Minister or a legal representative of the Immigration Minister - the serious offender; or
(b) the variation does not involve adding any conditions to the order; and (c) the variation is appropriate in the circumstances.
(ii) if the applicant is the offender or a legal representative of the offender - the Immigration Minister; and
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