Queensland Consolidated Regulations

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DRIVER LICENSING) REGULATION 1999 - SECT 30H

30H Applying for order

(1) A person may apply for a section 79E order only to a relevant court for the person.

(2) An application for a section 79E order must be--

(a) made within 21 clear days after the applicant's licence was suspended under section 79B(2) of the Act; and
(b) made in the approved form; and
(c) accompanied by the information, or details of the information, the applicant intends to rely on for the application.
Note--
See section 30J(2) and (3) for particular evidence the applicant must give to the court.

(3) Subsection (2)(c) does not prevent the applicant from giving or producing further evidence at the hearing of the application.

(4) The applicant must give the commissioner a copy of the application, including the information or details mentioned in subsection (2)(c)--

(a) if the day of the hearing is within 4 days after the day the application is made--as soon as practicable but before the day of the hearing; or
(b) otherwise--as soon as practicable but at least 3 days before the day of the hearing.

(5) In this section--

relevant court, for a person, means any of the following applying to the person--

(a) if the relevant charge for the person's suspended licence was laid in the Brisbane Magistrates Courts District--a court in the division of the Brisbane Magistrates Courts District in which the relevant charge for the person's suspended licence was laid;
(b) if the relevant charge for the person's suspended licence was laid in another Magistrates Courts district--a court in the Magistrates Courts district in which the relevant charge for the person's suspended licence was laid;
(c) if the person resides in the Brisbane Magistrates Courts District--a court in the division of the Brisbane Magistrates Courts District in which the person resides;
(d) if the person resides in another Magistrates Courts district--a court in the Magistrates Courts district in which the person resides.


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