Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p1
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 1/38)
Character Range: 20719–23545

5  At the end of Chapter 9 of the Criminal Code
Add:

Part 9.10—Community safety orders

Division 395—Community safety orders

Subdivision A—Preliminary

395.1  Object
  The object of this Division is to protect the community from serious harm by providing that non‑citizens who:
 (a) pose an unacceptable risk of committing serious violent or sexual offences; and
 (b) have no real prospect of their removal from Australia becoming practicable in the reasonably foreseeable future;
are subject to:
 (c) a community safety detention order; or
 (d) a community safety supervision order.

395.2  Definitions
 (1) In this Division:
AFP member means:
 (a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
 (b) a special member of the Australian Federal Police (within the meaning of that Act).
Commonwealth law enforcement officer has the meaning given by Part 7.8.
community safety detention order means an order made under subsection 395.12(1).
community safety order means a community safety detention order or a community safety supervision order.
community safety order decision means:
 (a) a decision on an application for a community safety order; or
 (b) a decision on an application to vary a community safety supervision order; or
 (c) a decision in a review of a community safety order to affirm, revoke or vary the order; or
 (d) a decision made under section 395.34 (when a serious offender is unable to engage a legal representative).
Note: See also subsection (4).
community safety order proceeding means a proceeding under Subdivision C, D or E.
community safety supervision order means an order made under subsection 395.13(1).
detained in custody has the meaning given by subsection (2).
detained in custody in a prison has the meaning given by subsection (3).
exemption condition has the meaning given by subsection 395.15(2).
immigration detention has the same meaning as in the Migration Act 1958.
Immigration Minister means the Minister administering the Migration Act 1958.
lawyer means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.
monitoring device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.
Note: See also the definition of related monitoring equipment in this subsection.
non‑citizen means a person who is not an Australian citizen.
personal information has the same meaning as in the Privacy Act 1988.
police officer means:
 (a) an AFP member; or
 (b) a member (however described) of a police force of a State or Territory.
premises includes a place, an aircraft, a vehicle and a vessel.
prison includes any gaol, lock‑up or remand centre.
related monitoring equipment, in relation to