Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

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Division 395 - Community safety orders  

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Subdivision B - Community safety orders  

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SECTION 395.5   Who a community safety order may apply to and effect of community safety orders  

(1)    
A community safety order may be made under section 395.12 or 395.13 in relation to a person (the serious offender ) if:

(a)    the person has been convicted of a serious violent or sexual offence; and

(b)    the person is a non-citizen; and

(c)    there is no real prospect of removal of the person from Australia becoming practicable in the reasonably foreseeable future; and

(d)    a subsection of section 395.6 provides that the order may be made in relation to the person; and

(e)    the person is at least 18 years old.

Note:

Before making the order, a Court must be satisfied of certain matters under section 395.12 or 395.13 .

(2)    
A community safety order may be made under section 395.12 or 395.13 in relation to a person (the serious offender ) if:

(a)    the person has been convicted of a serious foreign violent or sexual offence; and

(b)    the person is a non-citizen; and

(c)    there is no real prospect of removal of the person from Australia becoming practicable in the reasonably foreseeable future; and

(d)    a subsection of section 395.6 provides that the order may be made in relation to the person; and

(e)    the person is at least 18 years old.

Note:

Before making the order, a Court must be satisfied of certain matters under section 395.12 or 395.13 .

Effect of community safety detention order

(3)    
The effect of a community safety detention order is to commit the person to detention in a prison for the period the order is in force.

Note 1:

The period must not be more than 3 years (see subsection 395.12(5) ).

Note 2:

See also:

  • (a) section 395.41 (detention under the Migration Act 1958 ); and
  • (b) section 395.42 (effect of prison detention on community safety order); and
  • (c) subsection 395.47(2) (arrangements with States and Territories); and
  • (d) section 395.50 (effect of community safety detention orders on bail or parole laws).



    • Effect of a community safety supervision order

    (4)    
    The effect of a community safety supervision order is to impose on the person, for the period the order is in force, conditions contravention of which is an offence.

    Note 1:

    The period must not be more than 3 years (see paragraph 395.13(5)(d) ).

    Note 2:

    See also sections 395.41 (detention under the Migration Act 1958 ) and 395.42 (effect of prison detention on community safety order).
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