PROCEEDS OF CRIME ACT 2002 - SECT 42 Application to revoke a restraining order
PROCEEDS OF CRIME ACT 2002 - SECT 42
Application to revoke a restraining order(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 * responsible authority 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 * responsible authority 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:
(a) there are no grounds on which to make the order at the time of considering the application to revoke the order; or
(b) it is otherwise in the interests of justice to do so.