Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if—
(a) the Magistrates Court makes a declaration under section 48 (Revocation of suspension on court order) in relation to a person and an infringement notice offence; and
(b) the road transport authority decides not to take action under section 48 (7) in relation to the person.
(2) The person may apply to the Magistrates Court for an order setting aside the road transport authority's decision.
(3) The road transport authority is the respondent to the application.
(4) The road transport authority has the onus of establishing that a ground existed for the authority to decide not to take action under section 48 (7) in relation to the person.