Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p20
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 20/38)
Character Range: 68473–71207

in relation to a serious offender is no longer reasonably necessary, or reasonably appropriate and adapted, for the purpose of protecting the community from serious harm by addressing the unacceptable risk of the offender committing a serious violent or sexual offence, the Immigration Minister or a legal representative of the Immigration Minister must apply to a Supreme Court of a State or Territory to vary, under section 395.20, the order by:
 (a) removing the condition; or
 (b) varying the condition.
Note 1: The Immigration Minister or legal representative may also apply under subsection (2) for other variations of the order, including adding conditions.
Note 2: A copy of the application must be given to the offender under section 395.29.

Who may otherwise apply
 (2) Any of the following persons (the applicant) may (subject to subsection (1)) apply to a Supreme Court of a State or Territory to vary, under section 395.20, a community safety supervision order in relation to a serious offender, by adding, varying or removing one or more conditions mentioned in section 395.14:
 (a) the Immigration Minister or a legal representative of the Immigration Minister;
 (b) the offender or a legal representative of the offender.
Note: If the application is made by or on behalf of the Immigration Minister, a copy of the application must be given to the offender under section 395.29.
 (3) An application under subsection (1) or (2) must be made to the Supreme Court of the State or Territory where the offender resides.
Note: See subsection 395.2(1) for the definition of reside.

Contents of application
 (4) An application under subsection (1) or (2) must include:
 (a) a copy of the conditions as sought to be varied; and
 (b) if the applicant is the Immigration Minister or a legal representative of the Immigration Minister—the following material:
 (i) an explanation as to why each condition that is sought to be added or varied should be added or varied;
 (ii) if the Immigration Minister is aware of any facts relating to why any of those conditions should not be added or varied—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the Immigration Minister or any other person);
 (iii) the outcomes and particulars of all previous applications made under this section (whether by or on behalf of the Immigration Minister or the offender) for variations of the order; and
 (c) if the applicant is the offender or a legal representative of the offender—the outcomes and particulars of all previous applications made under this section by or on behalf of the offender for variations of the order; and