Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p95
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 95/169)
Character Range: 1428590–1431403

supervision order under subsection (6), the Court must revoke the order.

Onus of satisfying Court
 (9) The Immigration Minister must ensure that reasonable inquiries are made to ascertain any facts known to any Commonwealth law enforcement officer that would reasonably be regarded as supporting a finding that the order should not be affirmed.
 (10) The Immigration Minister bears the onus of satisfying the Court of the matters referred to in section 395.12 or 395.13.
 (11) The Immigration Minister, or the legal representative of the Immigration Minister, must present to the Court:
 (a) a copy of any material in the possession of the Immigration Minister or legal representative; and
 (b) a statement of any facts that the Immigration Minister or legal representative is aware of;
that would reasonably be regarded as supporting a finding that:
 (c) the order should not be affirmed, or should not be affirmed in the terms in which the order is made; or
 (d) if the court is considering making a community safety supervision order under subsection (7)—a community safety supervision order should not be made.

395.26  Varying community safety orders after review

Varying the period specified by a community safety order
 (1) A Supreme Court of a State or Territory must vary a community safety order in relation to a serious offender to specify a shorter period for which the order will be in force if:
 (a) the Court affirms the order under subsection 395.25(6); and
 (b) the Court is not satisfied that the period currently specified is reasonably necessary to protect the community from serious harm by addressing the unacceptable risk of the offender committing a serious violent or sexual offence.
The shorter period must be a period that the Court is satisfied is reasonably necessary to address the unacceptable risk.
Note: See section 395.22 for the terms of a varied community safety supervision order.

Varying or removing conditions
 (2) A Supreme Court of a State or Territory must vary, or remove, a condition imposed by a community safety supervision order if:
 (a) the Court affirms the order under subsection 395.25(6); and
 (b) the Court is not satisfied that the condition is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from serious harm by addressing the unacceptable risk of the offender committing a serious violent or sexual offence.
 (3) The Court must be satisfied that a condition that is varied under subsection (2) is (after the variation) reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from serious harm by addressing the unacceptable risk of the offender committing a serious violent or sexual offence.

Varying to add conditions
 (4) The Court may vary a