Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129ZA

129ZA Court may make exclusion order

(1) This section—

(a) applies to a court convicting a person of a relevant offence or transport indictable offence (each an
"exclusion order offence" ); and

(b) provides for the making of an exclusion order in sentencing the person under the Penalties and Sentences Act 1992 or, if the person is a child, the Youth Justice Act 1992 .

Note—

The Penalties and Sentences Act 1992 , section 9 (1) provides for the only purposes for which a sentence may be imposed on a person.

(2) In addition to any sentence a court may make in relation to a person the court is convicting for a relevant offence, the court may make an exclusion order in relation to the person if—

(a) the person has been convicted of an exclusion order offence—

(i) at least 1 other time during the last 12 months; or

(ii) at least 2 other times during the last 18 months; and

(b) the court is satisfied that, unless the order is made, the person would pose an unacceptable risk to—

(i) the good order or management of the public transport network; or

(ii) the safety and welfare of persons using the public transport network.

(3) In addition to any sentence a court may make in relation to a person the court is convicting for a transport indictable offence, the court may make an exclusion order in relation to the person if the court is satisfied that, unless the order is made, the person would pose an unacceptable risk to—

(a) the good order or management of the public transport network; or

(b) the safety and welfare of persons using the public transport network.