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Dangerous Criminals and High Risk Offenders Act 2021
33Applications for HRO orders
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### 33 Applications for HRO orders
> > (1) The DPP may apply to the Supreme Court for an HRO order in relation to a person who is, at the time when the application is made, a relevant offender.
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> > (2) An application may only be made under [subsection (1)](#GS33@Gs1@EN) in relation to a relevant offender if –
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> > > > (a) where there is an HRO order in relation to the offender – the application is made not more than 9 months before the order is due to expire; or
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> > > > (b) where the offender is serving a custodial sentence –
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> > > > > > (i) for a serious offence; or
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> > > > > > (ii) for an offence against [section 41](#GS41@EN) ; or
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> > > > > > (iii) [*\[Section 33 Subsection (2) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022\]*](/view/html/inforce/2022-03-18/act-2022-002#JS1@Ja8@GC2@EN) for another offence, against a law of this State, another State, a Territory or the Commonwealth, that is being served concurrently with or cumulatively on, or partly concurrently with and partly cumulatively on, one or more sentences of imprisonment referred to in [subparagraph (i)](#GS33@Gs2@Hpb@Hqi@EN) or [(ii)](#GS33@Gs2@Hpb@Hqii@EN) –
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> > > > the application is made not more than 9 months before the sentence of imprisonment is due to expire; or
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> > > > (c) a declaration under [section 7(1)](#GS7@Gs1@EN) applies in relation to the offender or the offender is in custody in accordance with an order under [section 15](#GS15@EN) .
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> > (3) An application under [subsection (1)](#GS33@Gs1@EN) in relation to a relevant offender must be accompanied by –
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> > > > (a) each report in relation to the relevant offender that is provided to the DPP under [section 27(4)](#GS27@Gs4@EN) or [section 29(5)](#GS29@Gs5@EN) ; and
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> > > > (b) documents in relation to any matters that the DPP considers to be relevant to the determination of the Supreme Court as to whether or not to make an HRO order in relation to the offender.
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> > (4) An application under [subsection (1)](#GS33@Gs1@EN) in relation to a relevant offender may specify the kinds of conditions, referred to in [section 38](#GS38@EN) , that the DPP considers appropriate for inclusion in an HRO order that may be made in relation to the offender.
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> > (5) The DPP must, within 7 days after making an application under [subsection (1)](#GS33@Gs1@EN) in relation to a relevant offender or within a longer period allowed by the Supreme Court, serve on the offender –
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> > > > (a) a copy of the application; and
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> > > > (b) a copy of the documents, referred to in [subsection (3)](#GS33@Gs3@EN) , in relation to the application.