South Australian Current Acts South Australian Current Acts45E—Application to Court to have disqualification or suspension under
section 45D lifted
(1) If a person is
given a notice of licence disqualification or suspension under
section 45D (or is sent particulars of such a notice by the
Registrar of Motor Vehicles) but is not given an expiation notice for an
offence to which section 45D applies (or such an expiation notice is
withdrawn or the person elects to be prosecuted in accordance with the
Expiation of Offences Act 1996 ), the person may apply to the Magistrates
Court for an order that the person is not disqualified, or the person's
driver's licence is not suspended, by the notice.
(2) The Magistrates
Court may, on an application under subsection (1), make an order that the
person is not disqualified, or the person's driver's licence is not suspended,
by the notice if—
(a) the
Court is satisfied, on the basis of oral evidence given on oath by the
applicant, that there is a reasonable prospect that the applicant would, in
proceedings for the offence to which the notice relates, be acquitted of the
offence and the evidence before the Court does not suggest that the applicant
may be guilty of another offence to which section 45D applies; or
(b) the
Court is satisfied that the person has not been charged with any offence to
which section 45D applies and that the prosecution authorities have had a
reasonable time, in the circumstances, within which to make a determination as
to the laying of charges against the person.
(3) The application
must be commenced by lodging written application with the Magistrates Court,
in the form prescribed by rules of the Court, setting out the grounds on which
the application is made and particulars of the evidence that will be relied on
by the applicant.
(4) The Commissioner
of Police—
(a) must
be served, by an applicant for an order under this section, with a copy of the
application as soon as practicable after the application is made; and
(b) is a
party to the application; and
(c) may
(but is not required to) appear at the hearing represented by legal counsel or
a police officer.
(5) Any legal counsel
or police officer representing the Commissioner of Police at the hearing may
make submissions in relation to the application but is not entitled to
cross-examine the applicant.
(6) If the
Commissioner of Police does not appear at the hearing, the clerk of the Court
must notify the Commissioner, in writing, of the date on which the application
was determined and the nature and effect of any order made in relation to the
application.