Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The owner of restrained property may apply to the court that made the restraining order for the restraining order to be revoked or varied, by order, under this section.
(2) The court must not make an order revoking the restraining order unless the DPP has told the court that the owner has given—
(a) security satisfactory to the DPP to the value estimated by the DPP of any order that may be sought under this Act in relation to the offence in relation to which the order was made (and any related offence); or
(b) an undertaking satisfactory to the DPP about the restrained property.
(3) However, if the owner can only give security or an undertaking that partly satisfies the DPP, the court may, by order, vary the restraining order to exclude particular property in relation to which the DPP has told the court that satisfactory security or a satisfactory undertaking has been given.
(4) Also, if the DPP has told the court that the restraining order applies to property that has evidentiary value in a criminal proceeding, the court must not revoke the restraining order without the DPP's agreement but may, by order, vary the restraining order to exclude any part of the property that the DPP has told the court does not have evidentiary value.
(5) If the DPP proposes to oppose an application by a person under this section for the revocation of a restraining order, the DPP must give the applicant, and anyone else to whom notice of the application was given, written notice of the grounds on which the application will be opposed.
(6) The court may order that the revocation or variation of a restraining order under this section takes effect at a stated time or on the happening of a stated event.