Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p76
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 76/169)
Character Range: 1380707–1383306

a copy of any material in the possession of the applicant; and
 (ii) a statement of any facts that the applicant is aware of;
  that would reasonably be regarded as supporting a finding that the order or orders mentioned in paragraph (2)(a) or (b) (as the case requires) should not be made, except any information, material or facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the Immigration Minister or any other person); and
 (c) include information about the offender's age; and
 (d) if the offender is a holder under the Migration Act 1958 of a visa that is subject to one or more conditions—specify the conditions; and
 (e) request that the order be in force for a specified period; and
 (f) if the application is for a community safety supervision order—include the following material:
 (i) a copy of the proposed conditions;
 (ii) an explanation as to why each of the proposed conditions should be imposed on the offender;
 (iii) if the Immigration Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the Immigration Minister or any other person);
 (iv) if the offender is subject to an order under a law of a State or Territory that is equivalent to a community safety order—a copy of that order; and
 (g) if a report was obtained under section 395.43 in relation to the offender—include a copy of the report.
Note 1: For paragraph (3)(e), the period must not be more than 3 years (see subsection 395.12(5) and paragraph 395.13(5)(d)).
Note 2: Evidence may also be adduced later under section 395.28.
Note 3: A copy of the application must be given to the serious offender under section 395.29.

395.9  Appointment of and assessment by relevant expert
 (1) If an application for a community safety order is made under section 395.8 to a Supreme Court of a State or Territory in relation to a serious offender, the Court must hold a preliminary hearing to determine whether to appoint one or more relevant experts.
 (2) The hearing must be held within 28 days after a copy of the application is given to the offender under subsection 395.29(2).
 (3) The Court may, either at the preliminary hearing or at any later time in the proceeding, appoint one or more relevant experts if the Court considers that doing so is likely to materially assist the Court in deciding whether to make a