Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p73
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 73/169)
Character Range: 1373369–1376021

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 Division to deal with interaction between this Division and State and Territory laws
 (1) The regulations may modify the operation of this Division so that:
 (a) provisions of this Division do not apply to a matter that is dealt with by a law of a State or Territory specified in the regulations; or
 (b) no inconsistency arises between the operation of a provision of this Division and the operation of a State or Territory law specified in the regulations.
 (2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that the provision of this Division does not apply to:
 (a) a person specified in the regulations; or
 (b) a body specified in the regulations; or
 (c) circumstances specified in the regulations; or
 (d) a person or body specified in the regulations in the circumstances specified in the regulations.
 (3) In this section:
matter includes act, omission, body, person or thing.

Subdivision B—Community safety orders

395.5  Who a community safety order may apply to and effect of community safety orders
 (1) A community safety order may be made under section 395.12 or 395.13 in relation to a person (the serious offender) if:
 (a) the person has been convicted of a serious violent or sexual offence; and
 (b) the person is a non‑citizen; and
 (c) there is no real prospect of removal of the person from Australia becoming practicable in the reasonably foreseeable future; and
 (d) a subsection of section 395.6 provides that the order may be made in relation to the person; and
 (e) the 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.
 (2) A community safety order may be made under section 395.12 or 395.13 in relation to a person (the serious offender) if:
 (a) the person has been convicted of a serious foreign violent or sexual offence; and
 (b) the person is a non‑citizen; and