TASIn ForceAct
Dangerous Criminals and High Risk Offenders Act 2021
22Variation or revocation of pre-release orders or ancillary orders
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### 22 Variation or revocation of pre-release orders or ancillary orders
> > (1) The DPP or the offender may apply to the Supreme Court for the variation or revocation of a pre-release order, or of an order made under [section 21](#GS21@EN) , in relation to the offender.
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> > (2) If an application is made under [subsection (1)](#GS22@Gs1@EN) –
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> > > > (a) by the DPP – the DPP must serve on the offender notice of the application within 7 days after the application is made; or
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> > > > (b) by the offender – the offender must serve on the DPP notice of the application within 7 days after the application is made.
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> > (3) If an application is made under [subsection (1)](#GS22@Gs1@EN) for the variation of a pre-release order, the Supreme Court may –
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> > > > (a) vary the pre-release order by varying or revoking a requirement specified in the pre-release order; or
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> > > > (b) vary the date specified, in the pre-release order, as the date to which the hearing of the review application to which the pre-release order relates is adjourned, but not so that the date is more than 15 months from the day on which the order was first made or the day on which the order was confirmed under [section 23(4)](#GS23@Gs4@EN) , whichever is the later.
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> > (4) If the Supreme Court varies under [subsection (3)](#GS22@Gs3@EN) the date specified in the pre-release order as the date to which the hearing of the review application to which the pre-release order relates is adjourned, the Supreme Court must set that date as the date to which the hearing of the review application is adjourned.
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> > (5) If an application is made under [subsection (1)](#GS22@Gs1@EN) for the revocation of a pre-release order, the Supreme Court may –
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> > > > (a) revoke the pre-release order; or
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> > > > (b) refuse to revoke the pre-release order.
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> > (6) If the Supreme Court revokes under [subsection (5)(a)](#GS22@Gs5@Hpa@EN) a pre-release order in relation to an offender, the Supreme Court must set a date for the hearing of the review application in relation to the offender that was adjourned under [section 13(8)](#GS13@Gs8@EN) .
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> > (7) If an application is made under [subsection (1)](#GS22@Gs1@EN) for the variation or revocation of an order made under [section 21](#GS21@EN) , the Supreme Court may –
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> > > > (a) vary or revoke the order; or
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> > > > (b) refuse to vary or revoke the order.
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> > (8) The DPP and an offender may make submissions to the Supreme Court as to whether a pre-release order, or an order made under [section 21](#GS21@EN) , ought to be varied or revoked as specified in an application under [subsection (1)](#GS22@Gs1@EN) .