31Application to exclude property from a restraining order after restraining order has been made

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.