Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p92
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 92/169)
Character Range: 1421198–1423860

is the offender or a legal representative of the offender—the Immigration Minister; and
 (b) the variation does not involve adding any conditions to the order; and
 (c) the variation is appropriate in the circumstances.

395.22  Terms of a varied community safety supervision order
  A community safety supervision order in relation to a person that is varied under section 395.20, 395.21 or 395.26 must:
 (a) state that the Court is satisfied:
 (i) for a variation under subsection 395.20(1) or 395.21(3)—of the matters mentioned in that subsection; or
 (ii) for a variation under section 395.26—of the matters mentioned in subsection 395.26(1), (3) or (4) (as the case requires); and
 (b) specify the variations to the conditions that are to be made; and
 (c) state the period during which the order, as varied, is in force; and
 (d) state that the offender's lawyer may request a copy of the order.

Subdivision E—Review of community safety order

395.23  Periodic review of community safety order

When application for review must be made
 (1) The Immigration Minister, or a legal representative of the Immigration Minister, must, before the end of the period referred to in subsection (2), apply to a Supreme Court of a State or Territory for a review of a community safety order that is in force in relation to a serious offender.
Note: A copy of the application must be given to the offender under section 395.29.
 (2) The application must be made:
 (a) before the end of 12 months after the order began to be in force (unless paragraph (b) or (c) applies); or
 (b) if the order has been reviewed under this Subdivision by a Supreme Court of a State or Territory—before the end of 12 months after the most recent review ended (unless paragraph (c) applies); or
 (c) if paragraph (a) or (b) would otherwise apply and, at the time described in that paragraph, the community safety order is suspended under section 395.42 because the offender is detained in custody in a prison—on or before the day the offender's detention in a prison ends.
 (3) Despite subsection (1), an application for a review is not required if an application for a new community safety order in relation to the offender has been made and not withdrawn.

Review must be conducted before end of period
 (4) On receiving the application, the Court must begin the review of the order before the end of that period.
Note: For the process for reviewing a community safety order, see section 395.25.

Where application must be made
 (5) The application must be made to the Court of the State or Territory where:
 (a) for a community safety detention order—the prison in which the offender is