Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 50A

50A Application to revoke restraining order

(1) A person whose property is the subject of a restraining order and who was not given notice of the application for the restraining order may apply to the Supreme Court to revoke the order.

(2) The application must be made within 28 days or, with the approval of the court, the further period, of not more than 3 months, after the person is notified of the making of the restraining order.

(3) The applicant must give to the State written notice of the making of the application and the grounds for the application.

(4) The restraining order remains in force until the court revokes the order or the order otherwise stops having effect.

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

(6) After considering the application, the court may revoke the restraining order if satisfied, on the facts before the court, there would be no basis for making a restraining order in relation to the property.