TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 124A
Additional ground of challenge not stated in written notice required under particular provisions
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 124A
Additional ground of challenge not stated in written notice required under particular provisions
124A Additional ground of challenge not stated in written notice required
under particular provisions
(1) This section applies to a hearing in relation to which a person has given
a written notice under section 80(27) , 119(1) , 120(7) , 123R(2) or 123SA(2) .
(2) The requirement mentioned in section 80(27) (c) , 119(2) , 120(8) , 123R(3) or 123SA(3) to state in the written notice the grounds on
which the person intends to challenge the evidence mentioned in that
subsection does not prevent the person from raising a ground at the hearing to
challenge the evidence if—
(a) the person did not know the ground before the
hearing; and
(b) as far as the ground was able to be found out by the
person—the person took all reasonable steps to find out the ground before
the hearing.
(3) If a person raises a ground at the hearing that was not
stated in a written notice under section 80(27) , 119(1) , 120(7) , 123R(2) or 123SA(2) , the court may adjourn the hearing to the time, and on the
terms as to costs, the court considers appropriate.
(4) Subsection (3) does
not limit the powers of the court.
