Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p21
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 21/38)
Character Range: 70970–73735

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
 (d) if a report was obtained under section 395.43 in relation to the offender for the purposes of determining whether to apply for the variation—a copy of the report.
 (5) If the applicant is the offender or a legal representative of the offender, the applicant:
 (a) may also include in the application an explanation as to why each condition that is sought to be varied or removed should be varied or removed; and
 (b) must cause a copy of the application to be served on the Immigration Minister within 2 business days after the application is made.

Adducing additional evidence
 (6) The following persons may adduce additional evidence (including by calling witnesses or producing material), or make additional submissions, to the Court in relation to the application to vary the order:
 (a) the Immigration Minister;
 (b) one or more AFP members;
 (c) the offender;
 (d) one or more representatives of the offender.
 (7) Subsection (6) does not otherwise limit the power of the Court to control proceedings in relation to an application to vary a community safety supervision order.

395.20  Varying a community safety supervision order (other than by consent)
 (1) If an application is made in accordance with subsection 395.19(1) or (2), and subsection (2) of this section, to a Supreme Court of a State or Territory to vary a community safety supervision order in relation to a serious offender, the Court may vary the order, but only if:
 (a) for an application for the order to be varied by adding or varying conditions—the Court is satisfied on the balance of probabilities that each of the conditions being added or varied is reasonably necessary, and 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; and
 (b) for an application for the order to be varied by removing conditions—the Court is not satisfied on the balance of probabilities that each of the conditions being removed is reasonably necessary, and 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.
Note: See section 395.22 for the terms of a varied community safety supervision order.
 (2) For the purposes of subsection (1), in determining whether each of the conditions to be added, varied or removed by the order is reasonably necessary, and reasonably