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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