Queensland Consolidated Acts

DRUGS MISUSE ACT 1986 - SECT 43

43 Variation, revocation, discharge of order

(1) A restraining order made under section 41 (1) is discharged—

(a) if at the expiration of the period ordered by the court in that regard, proceedings against a person have not been commenced in respect of an offence defined in part 2 ; or

(b) upon the making of a forfeiture order in respect of property to which the restraining order relates; or

(c) if the person charged with committing the offence, by reason of which charge the restraining order was made, has been acquitted of the charge or the charge has been withdrawn; or

(d) if the person charged with committing the offence, by reason of which the restraining order was made, having been convicted of the charge, has had his or her conviction quashed on appeal, unless the court hearing the appeal otherwise orders.

(2) A restraining order made under section 41 (1) or (2) may, upon application made to a court of like jurisdiction to the court that made the order, be varied or revoked at any time for any reason appearing to the court to be sufficient.

(3) Upon an application for revocation of a restraining order, the applicant shall cause notice of the application to be given to—

(a) the manager of property to which the restraining order relates; and

(b) such other person as the court considers should be informed of the proceedings;

and the manager and such other person shall be entitled to be heard with respect to the matter of the application.