ROAD TRAFFIC ACT 1961 - SECT 47IAB
ROAD TRAFFIC ACT 1961 - SECT 47IAB
47IAB—Application to Court to have disqualification or suspension lifted
(1) A person who has
been given a notice of licence disqualification or suspension under
section 45B(1)(b) or immediate licence disqualification or suspension
under section 47IAA or has been sent particulars of such a notice by the
Registrar of Motor Vehicles may apply to the Magistrates Court for an
order—
(a) that
the person is not disqualified, or the person's driver's licence is not
suspended, by the notice; or
(b)
reducing the period of disqualification or suspension applicable under the
notice.
(2) The Magistrates
Court may, on an application under subsection (1), make an order—
(a) that
the person is not disqualified, or the person's driver's licence is not
suspended, by the notice if—
(i)
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—
(A) in the case of a notice of immediate
licence disqualification or suspension under section 47IAA—another
offence to which section 47IAA applies; or
(B) in the case of a notice of licence
disqualification or suspension under section 45B(1)(b)—an offence
to which section 47IAA applies; or
(ii)
the Court is satisfied that the person has not been
charged with any offence to which section 47IAA applies or an offence
against section 45A 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; or
(b)
reducing the period of disqualification or suspension applicable under the
notice if—
(i)
the offence to which the notice relates is a category 2
or category 3 offence that is a first offence and 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 might, in proceedings for the offence
to which the notice relates, successfully argue that the offence was trifling
(in which case the Court must order that the period of disqualification or
suspension be reduced to a period of 1 month); or
(ii)
the offence to which the notice relates is a
category 3 offence and 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 but the evidence before the Court suggests that
the applicant may be guilty of a category 2 offence (in which case the Court
must order that the period be reduced to a period of 6 months).
(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.
(4a) 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.
(5) If the
Commissioner of Police does not appear at the hearing, the clerk of the Court
must notify the Commissioner of Police, 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.