Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p103
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 103/169)
Character Range: 1448594–1451319

If a person is convicted of an offence against section 395.38 or 395.39, the Court must impose a sentence of imprisonment of at least 1 year.

Subdivision H—Miscellaneous

395.41  Detention under the Migration Act 1958
 (1) The fact that:
 (a) a community safety order is in force in relation to a serious offender; or
 (b) a serious offender is detained in accordance with a community safety detention order;
does not prevent the offender being detained under the Migration Act 1958.
Note: For example, the offender may be detained under the Migration Act 1958 if there is a real prospect of the removal of the offender from Australia becoming practicable in the reasonably foreseeable future.

Effect of detention on community safety orders
 (2) A community safety detention order in relation to a serious offender is suspended during the period that the offender is detained under the Migration Act 1958.
 (3) A community safety supervision order in relation to a serious offender is suspended during the period that the offender is detained under the Migration Act 1958.

Effect of suspension
 (4) A community safety order continues to be in force during the period in which the order is suspended under this section.
 (5) However, the offender is not required to comply with any condition in a community safety supervision order during the period that the order is suspended.

395.42  Effect of prison detention on community safety order

Effect of prison detention on community safety orders
 (1) A community safety detention order in relation to a serious offender is suspended during the period that the offender is detained in custody in a prison other than as a result of the order.
Note: For the definition of detained in custody in a prison, see section 395.2.
 (2) A community safety supervision order in relation to a serious offender is suspended during the period that the offender is detained in custody in a prison.

Effect of suspension
 (3) A community safety order continues to be in force during the period in which the order is suspended under this section.
 (4) However, the offender is not required to comply with any condition in a community safety supervision order during the period that the order is suspended.

395.43  Immigration Minister may direct serious offenders to be assessed
 (1) The Immigration Minister may direct any of the following serious offenders to be subject to an assessment of the risk of the person committing a serious violent or sexual offence:
 (a) a serious offender in relation to whom an application for a community safety order could be made;
 (b) a serious offender in relation to whom a community safety order is in force.
 (2) The Immigration Minister may appoint