South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 43

43—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 that made the order to revoke the order—

            (a)         within 28 days after the person is notified that the order was made; or

            (b)         within such longer period (not exceeding 3 months after the person is notified that the order was made) as the court allows.

        (2)         The applicant must give written notice to the DPP and, if a person other than the DPP is appointed to act as the Administrator under this Act, the Administrator of the application and the grounds on which the revocation is sought.

        (3)         The court may revoke the restraining order if satisfied there are no grounds on which to make the restraining order at the time of considering an application under subsection (1).

        (4)         However, the restraining order remains in force until the court revokes the order.

        (5)         The DPP may adduce additional material to the court relating to the application to revoke the restraining order.