Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p3
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 3/38)
Character Range: 25778–28416

or sexual offence means an offence against a law of the Commonwealth, a State or a Territory where:
 (a) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and
 (b) the particular conduct constituting the offence involved, involves or would involve, as the case requires:
 (i) loss of a person's life or serious risk of loss of a person's life; or
 (ii) serious personal injury or serious risk of serious personal injury; or
 (iii) sexual assault; or
 (iv) sexual assault involving a person under 16; or
 (v) the production, publication, possession, supply or sale of, or other dealing in, child abuse material (within the meaning of Part 10.6); or
 (vi) consenting to or procuring the employment of a child, or employing a child, in connection with material referred to in subparagraph (v); or
 (vii) acts done in preparation for, or to facilitate, the commission of a sexual offence against a person under 16.
specified authority: a person, or person in a class of persons, is a specified authority for a requirement or condition in a community safety supervision order in relation to another person (the subject) if:
 (a) the person or class is any of the following:
 (i) a police officer, or class of police officer;
 (ii) if the requirement or condition relates to electronic monitoring—a person, or class of person, who is involved in electronically monitoring the subject;
 (iii) for any requirement or condition in the order—any other person, or class of person; and
 (b) the Court making the order is satisfied that the person or class is appropriate in relation to the requirement or condition; and
 (c) the person or class is specified in the order.

Definition of detained in custody etc.
 (2) A person is detained in custody if the person is detained in custody under a law of the Commonwealth, a State or a Territory.
 (3) A person is detained in custody in a prison if the person is detained in custody in a gaol, lock‑up or remand centre, including under a community safety detention order. However, a person is not detained in custody in a prison if the person is in immigration detention in a gaol, lock‑up or remand centre.

When a decision is made
 (4) To avoid doubt, a decision on an application to a Supreme Court of a State or Territory for a community safety order is not made until the Court determines the application in accordance with section 395.10.

395.3  Concurrent operation intended
  This Division is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

395.4  Regulations may modify operation of this