Queensland Consolidated Acts

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

129ZD Amendment or revocation of exclusion order generally

(1) The following persons may apply, in the approved form, to amend or revoke an exclusion order—

(a) a prosecutor;

(b) the person to whom the order applies.

(2) However, the person to whom the exclusion order applies can not apply for an amendment or revocation under this section within 3 months after the order was made.

Note—

However, section 129ZF provides for applications by the person to whom an exclusion order applies for variations of particular restrictions under the order if the person’s personal circumstances change.

(3) The application—

(a) may be made only to a court of equivalent jurisdiction to the court in which the exclusion order was made; and

(b) may be made to a court convicting the person to whom the exclusion order applies of a relevant offence or transport indictable offence committed before or after the order was made.

(4) The applicant must give a copy of the application to—

(a) if the applicant is a prosecutor—

(i) the person to whom the exclusion order applies; and

(ii) the chief executive; or

(b) if the applicant is the person to whom the exclusion order applies—

(i) the prosecuting authority; and

(ii) the chief executive.

(5) The applicant must give the copy at least 21 days before the day on which the application is to be heard.

(6) The prosecutor and person to whom the exclusion order applies are each entitled to be heard at the hearing of an application.

(7) A court may amend or revoke the exclusion order only if satisfied there has been a material change in the circumstances of the person to whom the order applies that justifies the amendment or revocation.

(8) In this section—

"prosecuting authority" means—

(a) if the prosecutor who appeared before the court when the exclusion order was made was a Crown prosecutor—the director of public prosecutions, or someone authorised to accept the application on the director’s behalf; or

(b) if the prosecutor who appeared before the court when the exclusion order was made was someone other than a Crown prosecutor—the commissioner of the police service, or someone authorised to accept the application on the commissioner’s behalf.