(1) A person may apply to the court to exclude specified property from the ^* restraining order at any time after being notified of the order. (2) However, unless the court gives leave, the person cannot apply if he or she:

(a)

was notified of the application for the ^* restraining order, but did not appear at the hearing of that application; or

(b)

appeared at the hearing of that application.

(3) The court may give the person leave to apply if the court is satisfied that:

(a)

if paragraph (2)(a) applies—the person had a good reason for not appearing; or

(b)

if paragraph (2)(b) applies—the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or

(c)

in either case—there are other special grounds for granting the leave.

(4) The person must give written notice to the ^* DPP of both the application and the grounds on which the exclusion is sought. (5) The ^* DPP may appear and adduce evidence at the hearing of the application. (6) The ^* DPP must give the person notice of any grounds on which it proposes to contest the application.