Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p32
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 32/38)
Character Range: 98471–101185

the following events occurs:
 (i) a sentence of imprisonment referred to in subsection 395.6(1) ends;
 (ii) a community safety order in relation to the offender ceases to be in force;
 (iii) a community safety order in force in relation to the offender was revoked as referred to in subparagraph (a)(iii) of this subsection.
 (2) For the purposes of the community safety order proceeding, the offender is taken to remain a serious offender:
 (a) who is serving a sentence of imprisonment; or
 (b) in relation to whom a community safety order is in force;
despite the event in subsection (1) occurring.

Power of police officer to detain serious offender
 (3) If a community safety detention order is in force in relation to the offender at any time after the offender is released as mentioned in paragraph (1)(b):
 (a) any police officer may take the offender into custody; and
 (b) any police officer may detain the offender;
for the purpose of giving effect to the order.
 (4) A police officer, in:
 (a) taking the offender into custody; or
 (b) detaining the offender;
under subsection (3) has the same powers and obligations as the police officer would have if the police officer were arresting the offender, or detaining the offender, for an offence.
 (5) In subsection (4):
offence means:
 (a) if the police officer is an AFP member—an offence against a law of the Commonwealth; or
 (b) if the police officer is not an AFP member—an offence against a law of the State or Territory of whose police force the police officer is a member.

Subdivision G—Offences relating to community safety supervision orders

395.38  Offence for contravening a community safety supervision order
 (1) A person commits an offence if:
 (a) a community safety supervision order is in force in relation to the person, and not suspended under section 395.41 or 395.42; and
 (b) the person engages in conduct; and
 (c) the conduct contravenes a condition the order imposes; and
 (d) if the condition is an exemption condition—there is no exemption in force at the time the conduct is engaged in that exempts the person from the application of the condition.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (2) A person commits an offence if:
 (a) a community safety supervision order is in force in relation to the person, and not suspended under section 395.41 or 395.42; and
 (b) the order includes an exemption condition; and
 (c) an exemption is in force in relation to the condition; and
 (d) a direction is specified in relation to the exemption condition under subparagraph 395.15(5)(b)(ii); and
 (e) the person engages in conduct; and
 (f) the conduct contravenes the direction.
Penalty: Imprisonment for 5