Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p27
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 27/38)
Character Range: 86019–88813

the offender committing a serious violent or sexual offence.

Object of this Division
 (5) For the purposes of subsections (3) and (4), in determining whether a condition to be varied or imposed on the offender 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).

Onus of satisfying Court
 (6) The Immigration Minister bears the onus of satisfying the Court of the matters referred to in subsection (1), (3) or (4).

Subdivision F—Provisions relating to community safety order proceedings

395.27  Civil evidence and procedure rules in relation to community safety order proceedings
 (1) A Supreme Court of a State or Territory must, subject to subsection (2), apply the rules of evidence and procedure for civil matters during a community safety order proceeding.
 (2) Despite anything in the rules of evidence and procedure, the Court may receive in evidence in the proceeding evidence of:
 (a) the level of the serious offender's compliance with any conditions (however described) to which the offender is or has been subject while:
 (i) on release on parole for any offence; or
 (ii) subject to a community safety supervision order; and
 (b) the offender's history of any prior convictions for, and findings of guilt made in relation to, any offence; and
 (c) the level of the offender's compliance with any conditions to which a visa that the offender is, or has been, a holder of under the Migration Act 1958 is or has been subject.

395.28  Adducing evidence and making submissions
  A party to a community safety order proceeding in a Supreme Court of a State or Territory may adduce evidence (including by calling witnesses or producing material), or make submissions, to the Court in relation to the proceeding.

395.29  Giving copies of applications etc. to serious offenders
 (1) This section applies if the Immigration Minister, or a legal representative of the Immigration Minister, (the applicant) applies to a Supreme Court of a State or Territory for:
 (a) a community safety order; or
 (b) a variation of a community safety supervision order under section 395.19; or
 (c) a review of a community safety order;
in relation to a serious offender.
 (2) Within 2 business days after the application is made, the applicant must (subject to sections 395.30 to 395.32) give a copy of the application to the offender personally, and to the offender's legal representative.
Note: For giving documents to a serious offender who is detained in custody, see section 395.33.
 (3) If the Court seeks material from the Immigration Minister under paragraph 395.12(2)(a) or 395.25(7)(b), within 2 business days after the material is provided