Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 88

88 Variation of conditions

(1) If subsequent to a court making an order under section 87 or this section in respect of a person and the issuing to the person of a restricted licence the circumstances connected with the person’s means of earning the person’s livelihood have altered, the person may apply to a Magistrates Court exercising jurisdiction at the place where the person resides for an order varying the restrictions to which the restricted licence is subject as a consequence of the order made under section 87 or this section.

(2) An application must be made in the approved form and in respect of every application—

(a) the applicant must, if required by the court so to do, submit himself or herself as a witness; and

(b) other persons may be called as witnesses;

to give evidence in respect to all matters relevant to the application and may be cross-examined.

(3) Written notice of the application setting forth the time and place at which the application is to be heard must be given by the applicant, at least 14 days before the date of hearing, to the commissioner or to a police officer authorised by the commissioner to receive such notices.

(4) The commissioner is entitled to be represented at the hearing of the application.

(4A) A police officer may appear and act at the hearing of the application on behalf of the commissioner.

(5) A court to which an application is made under subsection (1) may, if it considers that the justice of the case requires that it do so and having regard to the restrictions referred to in section 87 (4) , make an order varying the restrictions to which the restricted licence is subject as a consequence of an order made under section 87 or this section.

(6) A superintendent to whom—

(a) a copy of an order made under this section (
"the order" ) certified by the clerk of the court which made the order to be a true copy; and

(b) the restricted licence to which the order relates;

are produced must vary the restrictions to which the restricted licence is subject by reason of an order made under section 87 or a prior order made under this section so that they accord with those imposed by the court by the order.

(7) Until a superintendent, under subsection (6) , varies the restrictions to which the restricted licence is subject, those restrictions continue to apply to the holder of the licence notwithstanding the making of an order or, as the case may be, a further order under this section.