Queensland Consolidated Acts

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

129ZS Orders must be served and explained

(1) If a court makes a civil banning order or interim civil banning order for a respondent, the order must be served on the respondent.

(2) Subsection (3) applies if a respondent or a legal or other representative of the respondent appears before a court hearing an application for a civil banning order or an interim civil banning order for the respondent.

(3) Before making the order, the court must explain, or cause to be explained, to the respondent—

(a) the purpose, terms and effect of the order; and

(b) the consequences of contravening the order; and

(c) for a civil banning order—that the order may be varied or revoked on the application of the respondent or an authorised person.

(4) Subsection (5) applies if a respondent or a legal or other representative of the respondent did not appear before a court when the court made a civil banning order or an interim civil banning order for the respondent.

(5) Before serving the order on the respondent, the person serving the order must explain, or cause to be explained, to the respondent—

(a) the purpose, terms and effect of the order; and

(b) the consequences of contravening the order; and

(c) for a civil banning order—that the order may be varied or revoked on the application of the respondent or an authorised person.

(6) The explanation under subsection (3) or (5) must be made in language or in a way likely to be readily understood by the respondent.

(7) Failure to comply with this section does not affect the validity of the civil banning order.