39Operational period of HRO orders

39 Operational period of HRO orders

(1)  The Supreme Court must, when it imposes an HRO order, or an interim HRO order, on an offender, specify the period of the order (the operational period).

(2)  The operational period –

(a) of an HRO order may not be specified to be more than 5 years; or

(b) of an interim HRO order may not be specified to be less than 3 months or more than 6 months, unless the Supreme Court considers that a longer operational period is warranted.

(3)  The operational period of an HRO order, or an interim HRO order, in relation to an offender commences on whichever of the following days is the later:

(a) the day on which the order is made;

(b) [Section 39 Subsection (3) amended by No. 23 of 2025, s. 6, Applied:27 Nov 2025] the day to which the commencement of the order is deferred under section 35(4)(b) or section 37(2)(b) ;

(c) the day on which the offender ceases to be in custody;

(d) the day on which the offender ceases under section 15(1) to be subject to a declaration under section 7(1) ;

(e) the day on which the offender ceases to be subject to another HRO order or interim HRO order.

(4)  An HRO order, or an interim HRO order, in relation to an offender remains in force until –

(a) the operational period expires; or

(b) the order is cancelled under this Act; or

(c) a declaration is made under section 7(1) in relation to the offender –

whichever occurs first.

(5)  If an interim HRO order is suspended for a period, the operational period is extended by the period.

(5A)  If an HRO order is suspended for a period, the operational period is not extended.