Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 5 - Further orders  

SECTION 39B   Application to revoke ancillary order  

39B(1)    
A person may apply to the court that made an ancillary order under section 39 to revoke the order if:

(a) the person is affected by the order; and

(b) the application for the ancillary order was heard without notice having been given under subsection 39(3) following a request under subsection 39(3A) .

39B(2)    
The application must be made within 14 days after the person was notified of the ancillary order.

39B(3)    
The applicant must give written notice of the application, and the grounds on which the revocation is sought, to any person who was entitled to make the application for the ancillary order (see subsection 39(2) ).

39B(4)    
The effect of the ancillary order is stayed until the court determines the application.

39B(5)    
The court may revoke the ancillary order on application under subsection (1) if it considers it appropriate to do so.

39B(6)    
The court may have regard to any matter it considers appropriate in determining the application.

39B(7)    
If:

(a) the ancillary order directed a person to do a thing within a particular period; and

(b) an application is made to revoke the order under this section;

the court may, if it considers it appropriate to do so, vary the order to extend that period by a specified period.