Document ID: chunk:federal_register_of_legislation:C2025C00034:section:42
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 42
Character Range: 135115–136237

42  Application to revoke a restraining order
 (1) A person who was not notified of the application for a *restraining order may apply to the court to revoke the order.
 (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.
 (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.
 (3) However, the *restraining order remains in force until the court revokes the order.
 (4) The *responsible authority may adduce additional material to the court relating to the application to revoke the *restraining order.
 (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.