Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p5
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 5/38)
Character Range: 30604–33230

person is at least 18 years old.
Note: Before making the order, a Court must be satisfied of certain matters under section 395.12 or 395.13.

Effect of community safety detention order
 (3) The effect of a community safety detention order is to commit the person to detention in a prison for the period the order is in force.
Note 1: The period must not be more than 3 years (see subsection 395.12(5)).
Note 2: See also:
(a) section 395.41 (detention under the Migration Act 1958); and
(b) section 395.42 (effect of prison detention on community safety order); and
(c) subsection 395.47(2) (arrangements with States and Territories); and
(d) section 395.50 (effect of community safety detention orders on bail or parole laws).

Effect of a community safety supervision order
 (4) The effect of a community safety supervision order is to impose on the person, for the period the order is in force, conditions contravention of which is an offence.
Note 1: The period must not be more than 3 years (see paragraph 395.13(5)(d)).
Note 2: See also sections 395.41 (detention under the Migration Act 1958) and 395.42 (effect of prison detention on community safety order).

395.6  Preconditions for community safety orders

Person is detained in custody in a prison
 (1) A community safety order may be made in relation to a person if the person is detained in custody in a prison serving:
 (a) a sentence of imprisonment for a serious violent or sexual offence; or
 (b) a sentence of imprisonment for any other offence.

Person is in the community
 (2) A community safety order may be made in relation to a person if the person is in the community.

Community safety detention order is in force
 (3) A community safety order may be made in relation to a person if a community safety detention order is in force in relation to the person.

395.7  Treatment of a serious offender in a prison under a community safety detention order
 (1) A serious offender who is detained in custody in a prison under a community safety detention order must be treated in a way that is appropriate to the offender's status as a person who is not serving a sentence of imprisonment, subject to any reasonable requirements necessary to maintain:
 (a) the management, security or good order of the prison; and
 (b) the safe custody or welfare of the offender or any prisoners; and
 (c) the safety and protection of the community.
 (2) The offender must not be accommodated or detained in the same area or unit of the prison as persons who are in prison for the purpose of serving sentences of imprisonment unless:
 (a) it is reasonably necessary for the