Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p101
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 101/169)
Character Range: 1443668–1446338

in a review of such an order) to specify a particular period for which such an order will be in force;
 (v) an appeal against a decision under section 395.34 to stay a community safety order proceeding in relation to a serious offender (including a decision under that section to stay a proceeding for a specified period or to impose a specified condition); and
 (b) before the application or appeal is determined (whether before or after the appeal is made) one of the following events occurs:
 (i) a sentence of imprisonment referred to in subsection 395.6(1) ends;
 (ii) a community safety order in relation to the offender ceases to be in force;
 (iii) a community safety order in force in relation to the offender was revoked as referred to in subparagraph (a)(iii) of this subsection.
 (2) For the purposes of the community safety order proceeding, the offender is taken to remain a serious offender:
 (a) who is serving a sentence of imprisonment; or
 (b) in relation to whom a community safety order is in force;
despite the event in subsection (1) occurring.

Power of police officer to detain serious offender
 (3) If a community safety detention order is in force in relation to the offender at any time after the offender is released as mentioned in paragraph (1)(b):
 (a) any police officer may take the offender into custody; and
 (b) any police officer may detain the offender;
for the purpose of giving effect to the order.
 (4) A police officer, in:
 (a) taking the offender into custody; or
 (b) detaining the offender;
under subsection (3) has the same powers and obligations as the police officer would have if the police officer were arresting the offender, or detaining the offender, for an offence.
 (5) In subsection (4):
offence means:
 (a) if the police officer is an AFP member—an offence against a law of the Commonwealth; or
 (b) if the police officer is not an AFP member—an offence against a law of the State or Territory of whose police force the police officer is a member.

Subdivision G—Offences relating to community safety supervision orders

395.38  Offence for contravening a community safety supervision order
 (1) A person commits an offence if:
 (a) a community safety supervision order is in force in relation to the person, and not suspended under section 395.41 or 395.42; and
 (b) the person engages in conduct; and
 (c) the conduct contravenes a condition the order imposes; and
 (d) if the condition is an exemption condition—there is no exemption in force at the time the conduct is engaged in that exempts the person from the application of the condition.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.