43Revocation or variation of restraining orders made

43 Revocation or variation of restraining orders made without notice of application (1) A person with an interest in restrained property may apply to the court that made the restraining order for the revocation, by order, of the restraining order if the DPP did not give the person notice of the application for the order. (2) The court must not make an order revoking the restraining order unless it is satisfied that there were not and are no longer, or there are no longer, sufficient grounds for making the order. (3) However, if the DPP has told the court that the restraining order applies to property that has evidentiary value in a criminal proceeding, the court must not revoke the restraining order without the DPP’s agreement but may, by order, vary the restraining order to exclude any part of the property that the DPP has told the court does not have evidentiary value. (4) If the DPP proposes to oppose an application by a person under this section for the revocation of a restraining order, the DPP must give the applicant, and anyone else to whom notice of the application was given, written notice of the grounds on which the application will be opposed.