Queensland Consolidated Acts

PEACEFUL ASSEMBLY ACT 1992 - SECT 16

16 Hearing and determination of applications

(1) For the purpose of hearing and determining an application under section 12 or 14 , a Magistrates Court is to be constituted by—

(a) a Stipendiary Magistrate; or

(b) if that is not practicable—2 justices, each of whom is either—

(i) a justice of the peace (magistrates court); or

(ii) a justice of the peace (qualified);

within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .

(2) In determining an application under section 12 or 14 , a Magistrates Court—

(a) must have regard to the objects of this Act; and

(b) must determine the application with the greatest possible speed to ensure that the application is not frustrated because of delay by the Court in giving its decision; and

(c) is not bound by the rules of evidence; and

(d) must conduct the proceeding with as little formality and technicality as possible.

(3) Each party to the application is to bear the party’s own costs of the proceeding, regardless of the outcome of the proceeding.

(4) Not more than 1 application may be made under section 12 or 14 in relation to the same public assembly.

(5) Subsection (1) has effect despite anything contained in the Justices of the Peace and Commissioners for Declarations Act 1991 .