South Australian Current Acts South Australian Current Acts28—Excluding property from or revoking restraining orders in certain
cases when expenses are not allowed
(1) If—
(a)
because of the operation of section 27(3), property that is covered by a
restraining order is taken for the purposes of section 27(2)(e) not to be
covered by the order; and
(b) as a
result, and for no other reason, the court refuses an application to make an
order under section 27(1),
the court may—
(c)
exclude the property from the restraining order; or
(d) if
the property is the only property covered by the restraining
order—revoke the restraining order.
(2) The court must not
exclude the property or revoke the order unless satisfied that the property is
needed to meet one or more of the following:
(a) the
reasonable living expenses of the person whose property is restrained;
(b) the
reasonable living expenses of any of the dependants of that person;
(c) the
reasonable business expenses of that person;
(d) a
specified debt incurred in good faith by that person.
(3) If the court
excludes the property from, or revokes, the restraining order, the DPP must
give written notice of the exclusion or revocation to—
(a) the
owner of the property (if the owner is known); and
(b) any
other person the DPP reasonably believes may have an interest in the property,
however, the DPP need not give notice to the applicant for the order under
section 27(1).