Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p22
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 22/38)
Character Range: 73488–76302

section 395.22 for the terms of a varied community safety supervision order.
 (2) For the purposes of subsection (1), in determining whether each of the conditions to be added, varied or removed by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the object of this Division (see section 395.1).
 (3) The Immigration Minister bears the onus of satisfying the Court of the matters referred to in subsection (1).

Relevant experts
 (4) The Court may appoint one or more relevant experts for the purposes of the proceedings relating to the application. If the Court does so, subsections 395.9(5) to (9) apply in relation to the proceedings.
 (5) The Immigration Minister, the offender, or a legal representative of the Immigration Minister or offender, may nominate one or more relevant experts for the purposes of subsection (4).
 (6) Subsection (4) does not prevent the Immigration Minister, the offender, or a legal representative of the Immigration Minister or offender, from calling another relevant expert as a witness in the proceedings.

395.21  Varying community safety supervision order by consent
 (1) Any of the following persons (the applicant) may apply to a Supreme Court of a State or Territory to vary a community safety supervision order in relation to a serious offender by varying or removing one or more conditions mentioned in section 395.14:
 (a) the Immigration Minister or a legal representative of the Immigration Minister;
 (b) the offender or a legal representative of the offender.
 (2) The application must be made to the Court of the State or Territory where the offender resides.
Note: See subsection 395.2(1) for the definition of reside.
 (3) The Court may vary the order if the Court is satisfied that:
 (a) written consent to the variation has been given by:
 (i) if the applicant is the Immigration Minister or a legal representative of the Immigration Minister—the serious offender; or
 (ii) if the applicant is the offender or a legal representative of the offender—the Immigration Minister; and
 (b) the variation does not involve adding any conditions to the order; and
 (c) the variation is appropriate in the circumstances.

395.22  Terms of a varied community safety supervision order
  A community safety supervision order in relation to a person that is varied under section 395.20, 395.21 or 395.26 must:
 (a) state that the Court is satisfied:
 (i) for a variation under subsection 395.20(1) or 395.21(3)—of the matters mentioned in that subsection; or
 (ii) for a variation under section 395.26—of the matters mentioned in subsection 395.26(1), (3) or (4) (as the case requires); and
 (b) specify the variations to the conditions that are to be made; and
 (c) state