Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p19
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 19/38)
Character Range: 65970–68733

and any related monitoring equipment are or remain in good working order; and
 (d) one or more specified authorities, police officers or corrective services officers to remove the monitoring device; and
 (e) one or more police officers to remove any related monitoring equipment.
 (3) If:
 (a) a monitoring device is installed on the offender; and
 (b) any of the following events occurs:
 (i) the condition under paragraph 395.14(7)(d) is removed from the order;
 (ii) the order ceases to be in force;
 (iii) the offender is detained in custody;
the device and any related monitoring equipment may be removed in accordance with paragraph (2)(d) or (e) even though:
 (c) for subparagraph (b)(i) or (ii)—no authorisation under subsection (2) is in force; or
 (d) for subparagraph (b)(iii)—the offender is not required to comply with a condition of the order because of section 395.41 or 395.42.
Note: For the definition of detained in custody, see section 395.2.

Powers relating to monitoring devices and related electronic equipment
 (4) Before exercising a power referred to in paragraph (2)(a), (b), (d) or (e), or subsection (3), a specified authority, police officer or corrective services officer must inform the offender:
 (a) that the device and equipment are to be installed, repaired, fitted or removed (as the case requires); and
 (b) of the proposed timing of the taking of the action; and
 (c) that the offender may consent to the taking of the action; and
 (d) that if consent is not given, reasonable force may be used to take the action, or to enter the offender's residence in order to take the action.
 (5) If the offender does not give consent, reasonable force may be used by a police officer to take the action, or to enter the offender's residence in order to take the action.

395.18  Copy of a community safety supervision order must be given to serious offender's lawyer
 (1) A copy of a community safety supervision order that is made under section 395.13 in relation to a serious offender must be given to the offender's lawyer as soon as practicable after being requested by the lawyer.
 (2) This section does not entitle the lawyer to request, or be given a copy of, a document other than the order.

Subdivision D—Varying a community safety supervision order

395.19  Application for variations of community safety supervision orders

Requirement to apply for variation
 (1) If the Immigration Minister is satisfied that a condition in a community safety supervision order in relation to a serious offender is no longer reasonably necessary, or 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