Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 42

             (1)  A person who was not notified of the application for a ^* restraining order may apply to the court to revoke the order.

          (1A)  The application must be made:

                     (a)  within 28 days after the person is notified of the order; or

                     (b)  if the person applies to the court, within that period of 28 days, for an extension of the time for applying for revocation--within such longer period, not exceeding 3 months, as the court allows.

             (2)  The applicant must give written notice to the ^* DPP and the ^* Official Trustee of both the application and the grounds on which the revocation is sought.

             (3)  However, the ^* restraining order remains in force until the court revokes the order.

             (4)  The ^* DPP may adduce additional material to the court relating to the application to revoke the ^* restraining order.

             (5)  The court may revoke the ^* restraining order if satisfied that there are no grounds on which to make the order at the time of considering the application to revoke the order.