Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-1
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RESTRAINING ORDERS
Division 6
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Duration of restraining orders
SECTION 42
Application to revoke a restraining order
42(1)
A person who was not notified of the application for a * restraining order may apply to the court to revoke the order.
42(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.
42(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.
42(3)
However, the * restraining order remains in force until the court revokes the order.
42(4)
The *responsible authority may adduce additional material to the court relating to the application to revoke the * restraining order.
42(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.
A person who was not notified of the application for a * restraining order may apply to the court to revoke the order.
42(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.
42(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.
View history note
Hide history note42(3)
However, the * restraining order remains in force until the court revokes the order.
42(4)
The *responsible authority may adduce additional material to the court relating to the application to revoke the * restraining order.
42(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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