Queensland Consolidated Acts
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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129ZF
Amendment of exclusion order that restricts access for changes in personal circumstances
129ZF Amendment of exclusion order that restricts access for changes in
(1) This section applies if—
(a) a court makes, in relation to a person, an
exclusion order that restricts the person’s use of the public transport
network on the basis of particular personal circumstances of the person; and
(b) the personal circumstances have changed.
A court makes an
exclusion order in relation to a person that restricts the person’s use of
the public transport network to only permit travel to and from a place of
work, and the person’s place of work changes.
(2) The person may apply to
a court of equivalent jurisdiction to the court in which the exclusion order
was made for an order (an
"exclusion variation order" ) to vary the restrictions that, under the
exclusion order, apply to the person’s use of the public transport network.
(3) An application for an exclusion variation order must—
(a) be in the
approved form; and
(b) be accompanied by—
(i) an affidavit made by the
person outlining why the variation mentioned in the application is necessary;
(ii) the information, or details of the information, the applicant
intends to rely on for the application.
(4) Subsection (3) does not prevent
the applicant from producing further evidence at the hearing of the
(5) A court to which an application for an
exclusion variation order is made may vary the restrictions applying under the
exclusion order only if the court—
(a) has had regard to—
restrictions and the matters mentioned in section 129ZB ; and
the applicant has contravened the exclusion order other than in circumstances
mentioned in section 129ZG (2) ; and
(b) considers the justice of the case
requires it to vary the restrictions.
(6) An exclusion variation order must
state the restrictions, as varied, that are to apply to the applicant’s use
of the public transport network for the remainder of the period for which the
exclusion order applies in relation to the applicant.
(7) A proper officer of
the court that makes an exclusion variation order in relation to a person must
as soon as possible—
(a) reduce the order to writing in the approved form;
(b) cause a copy of the order to be given or sent to each person
mentioned in section 129ZE (1) (b) .
(8) Failure to comply with subsection
(6) or (7) does not affect the validity of the exclusion variation order.
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