Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-1 - RESTRAINING ORDERS  

Division 6 - 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.




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