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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129ZB
Matters court must consider in deciding whether to make exclusion order
129ZB Matters court must consider in deciding whether to make exclusion order
(1) A court considering whether or not to make, or the terms of, an exclusion
order in relation to a person must have regard to the following— (a) the
matters to which the court must have regard when sentencing the person under
the Penalties and Sentences Act 1992 or, if the person is a child, the
Youth Justice Act 1992 ;
(aa) whether the person is subject to a civil
banning order;
(b) whether the making of the order is likely to cause undue
hardship to the person or the person’s family— (i) by depriving the person
of the person’s means of earning a living; or
(ii) in another way,
including, for example, by depriving the person of the ability— (A) to
study; or
(B) to maintain the person’s health or the health of a member of
the person’s family;
(c) the effect the order would have on the person’s
safety and wellbeing, having regard to the person’s age and any physical,
intellectual or psychiatric disability.
(2) This section does not limit the
matters to which the court may have regard in considering whether or not to
make, or the terms of, an exclusion order under this part in relation to a
person. Note— See, for example, the Penalties and Sentences Act 1992 ,
section 189 which allows the court to consider, in particular circumstances,
offences a person may have committed but for which the person has not been
convicted.
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