Document ID: chunk:federal_register_of_legislation:C2025C00034:section:31
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 31
Character Range: 120585–122191

31  Application to exclude property from a restraining order after restraining order has been made
 (1) A person may apply for an order under section 29 or 29A if a *restraining order that covers property in which the person claims an *interest has been made.
 (1A) An application under subsection (1):
 (a) must be made to the court that made the *restraining order; and
 (b) may be made at any time after the restraining order is made.
 (2) However, unless the court gives leave, the person cannot apply if he or she:
 (a) was notified of the application for the *restraining order, but did not appear at the hearing of that application; or
 (b) appeared at the hearing of that application.
 (3) The court may give the person leave to apply if the court is satisfied that:
 (a) if paragraph (2)(a) applies—the person had a good reason for not appearing; or
 (b) if paragraph (2)(b) applies—the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or
 (c) in either case—there are other special grounds for granting the leave.
 (4) The person must give written notice to the *responsible authority of both the application and the grounds on which the exclusion is sought.
 (5) The *responsible authority may appear and adduce evidence at the hearing of the application.
 (6) The *responsible authority must give the person notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application.