Queensland Consolidated Acts
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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129ZQ
Varying or revoking civil banning order for changes in circumstances
129ZQ Varying or revoking civil banning order for changes in circumstances
(1) The following persons may apply (the
"applicant" ) to the Magistrates Court for an order to vary or revoke a civil
banning order— (a) an authorised person;
(b) the respondent.
(2) However,
the respondent may not, without the leave of the court, make the application
until at least 3 months after the civil banning order is made.
(3) The
application must— (a) be in the approved form; and
(b) be accompanied by—
(i) an affidavit made by the applicant outlining why the variation or
revocation mentioned in the application is necessary; and
(ii) the
information, or details of the information, the applicant intends to rely on
for the application.
(4) Within 14 business days after the application is
filed, the applicant must give a copy of the application to— (a) if the
applicant is the respondent—the authorised person; or
(b) if the applicant
is an authorised person—the respondent.
(5) The authorised person and
respondent are each entitled to be heard at the hearing of the application.
(6) If the respondent makes the application, subsection (3) does not prevent
the respondent from producing further evidence at the hearing of the
application.
(7) The court may vary or revoke a civil banning order only if
the court— (a) has had regard to— (i) the matters mentioned in
section 129ZO so far as they are relevant to the application; and
(ii)
whether the respondent has, without a reasonable excuse under section 129ZZ ,
contravened the civil banning order; and
(b) is satisfied there has been a
material change in the circumstances of the respondent that justifies the
variation or revocation; and
(c) considers the justice of the case requires
the variation or revocation.
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