Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 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 * DPP 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 * DPP 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 there are no grounds on which to make the order at the time of considering the application to revoke the order.



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