Commonwealth Consolidated Acts

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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.



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