- (ii) has made an application otherwise than under that section in relation to the OCPO or FRO; and
- (b) there has been a material change of circumstances affecting the OCPO or FRO.
(6) Condition B is that—
- (a) the person has not made an application of any kind in earlier proceedings in relation to the OCPO or FRO; and
- (b) it was reasonable in all the circumstances for the person not to have done so.
(7) Rules of Court may provide for the manner in which an application under this section may be made in relation to an OCPO or FRO made under section 15(1) or 21(1), respectively.
Division 5—Appeals
Right of appeal from High Court or State Court
34.—(1) An appeal may be made to the Court of Appeal or High Court in relation to a decision of the High Court, or of a District Court or Magistrate's Court, respectively—
- (a) to make, or not to make, an OCPO or FRO;
- (b) to include, or not to include, any provision in an OCPO or FRO;
- (c) to vary, or not to vary, all or any of the provisions in an OCPO or FRO; or
- (d) to discharge, or not to discharge, an OCPO or FRO,
by any of the relevant parties, or any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 28(1), (2) or (3), as the case may be.
(2) Where an appeal is made under subsection (1), an OCPO or FRO continues to have effect from the time it is made despite the appeal, and only ceases to have effect if the appeal is allowed by the Court of Appeal or High Court, as the case may be.
