Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p34
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 34/38)
Character Range: 103426–106138

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 a relevant expert to conduct the assessment, and provide a report, for the purposes of determining whether:
 (a) an application for a community safety order in relation to the offender should be made; or
 (b) an application for a variation or review of a community safety order in relation to the offender should be made.
 (3) The relevant expert who is appointed must:
 (a) conduct an assessment of the risk of the offender committing a serious violent or sexual offence; and
 (b)