Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 26A

Appeal to Magistrates' Court against police decision

26A. Appeal to Magistrates' Court against police decision



(1) If a member of the police force decides to forbid a person to drive a
motor vehicle under section 62 or take any other action under that section,
the person in respect of whom the action has been taken may, in accordance
with the regulations, appeal against that decision to the Magistrates' Court.

(2) On an appeal under subsection (1) the court must-

   (a)  re-determine the matter of the action taken; and

   (b)  hear any relevant evidence tendered by the appellant or the member of
        the police force; and

   (c)  without limiting its discretion, take into consideration anything that
        the member ought to have considered.