Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p7
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 7/38)
Character Range: 35518–38152

Minister or any other person); and
 (c) include information about the offender's age; and
 (d) if the offender is a holder under the Migration Act 1958 of a visa that is subject to one or more conditions—specify the conditions; and
 (e) request that the order be in force for a specified period; and
 (f) if the application is for a community safety supervision order—include the following material:
 (i) a copy of the proposed conditions;
 (ii) an explanation as to why each of the proposed conditions should be imposed on the offender;
 (iii) if the Immigration Minister is aware of any facts relating to why any of those conditions should not be imposed on the offender—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);
 (iv) if the offender is subject to an order under a law of a State or Territory that is equivalent to a community safety order—a copy of that order; and
 (g) if a report was obtained under section 395.43 in relation to the offender—include a copy of the report.
Note 1: For paragraph (3)(e), the period must not be more than 3 years (see subsection 395.12(5) and paragraph 395.13(5)(d)).
Note 2: Evidence may also be adduced later under section 395.28.
Note 3: A copy of the application must be given to the serious offender under section 395.29.

395.9  Appointment of and assessment by relevant expert
 (1) If an application for a community safety order is made under section 395.8 to a Supreme Court of a State or Territory in relation to a serious offender, the Court must hold a preliminary hearing to determine whether to appoint one or more relevant experts.
 (2) The hearing must be held within 28 days after a copy of the application is given to the offender under subsection 395.29(2).
 (3) The Court may, either at the preliminary hearing or at any later time in the proceeding, appoint one or more relevant experts if the Court considers that doing so is likely to materially assist the Court in deciding whether to make a community safety order in relation to the offender.
 (4) The Immigration Minister or the offender, or a legal representative of the Immigration Minister or the offender, may nominate one or more relevant experts for the purposes of subsection (3).
 (5) 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) provide a report of the expert's assessment to the Court, the Immigration Minister and the offender.