Queensland Consolidated Regulations

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

30M Applying for order

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

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

(a) made in the approved form; and
(b) accompanied by--
(i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and
(ii) the information, or details of the information, the applicant intends to rely on for the application.

(3) Without limiting subsection (2)(b)(ii), if the reason for the application is that the applicant has changed employer, the applicant must give to the court an affidavit made by the applicant's new employer confirming the applicant--

(a) is currently employed by the new employer; and
(b) would be deprived of the applicant's means of earning a living if the application is refused.

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

(5) The applicant must give the commissioner a copy of the application, including the affidavits, and the information or details, accompanying the application--

(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.

(6) In this section--

relevant court, for a person in relation to whom a section 79E order applies, means any of the following applying to the person--

(a) if the relevant charge for the person's suspended licence in relation to which the order applies 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 in relation to which the order applies was laid;
(b) if the relevant charge for the person's suspended licence in relation to which the order applies 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 in relation to which the order applies 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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