sec.589Noise abatement order—application for order

### sec.589 Noise abatement order—application for order This section applies if a person (the respondent )— contravenes a noise abatement direction in relation to excessive noise emitted by a motorbike driven on a place other than a road; or is given 2 noise abatement directions within a period of 1 month in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of the motorbike on the same place which is not a road. The driver of a motorbike is given 2 noise abatement directions, one on 1 July and the other on 5 July. Both directions relate to excessive noise emitted by a motorbike when being driven on the same place. An application may be made under this section for a noise abatement order even though the person does not contravene either direction. A police officer may apply for an order that the driving of the motorbike by the respondent be restricted in the way requested in the application (a noise abatement order ). The application must be made— if the respondent contravened a noise abatement direction mentioned in subsection (1) (a) —within 48 hours after the contravention; or if the second of 2 noise abatement directions mentioned in subsection (1) (b) was given to the respondent—within 48 hours after the second direction was given. The application must be made to the relevant court in the approved form but may be made to a magistrate in the way provided under section 800 and subsection (5) of this section. If the application is properly made to a magistrate under section 800 , the magistrate must— order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and give a copy of the application and the order to the clerk of the court of the relevant court. As soon as reasonably practicable after a date is set for hearing the application, a police officer must give notice of the application to— the respondent; and if the respondent is not the owner of the motorbike—the owner of the motorbike; and if a person mentioned in paragraph (a) or (b) is a child, the child’s parent or guardian if it is reasonably practicable to do so; and if a person mentioned in paragraph (a) , (b) or (c) is not the owner of the land on which the contravention happened, the owner of the land if it is reasonably practicable to do so. The notice must be in the approved form and state— the name and other particulars of the respondent; and the particulars necessary to properly identify the motorbike; and a description sufficient to identify the land on which the contravention happened and who owns the land; and that an application has been made to a stated court for an order to restrict the driving of a stated motorbike by the respondent in stated ways; and when and where the application is to be heard; and that if the respondent does not appear at the hearing, the application may be heard and decided in the respondent’s absence. The notice may be combined with another notice given under this Act. In this section— Magistrates Court , for an application brought against a child, means a Childrens Court constituted by a magistrate. relevant court means the Magistrates Court for the Magistrates Court district, or division of the district, in which the noise abatement order was contravened. s 589 ins 2005 No. 64 s 23 amd 2006 No. 26 s 3 sch 1 (sec.589-ssec.1) This section applies if a person (the respondent )— contravenes a noise abatement direction in relation to excessive noise emitted by a motorbike driven on a place other than a road; or is given 2 noise abatement directions within a period of 1 month in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of the motorbike on the same place which is not a road. The driver of a motorbike is given 2 noise abatement directions, one on 1 July and the other on 5 July. Both directions relate to excessive noise emitted by a motorbike when being driven on the same place. An application may be made under this section for a noise abatement order even though the person does not contravene either direction. (sec.589-ssec.2) A police officer may apply for an order that the driving of the motorbike by the respondent be restricted in the way requested in the application (a noise abatement order ). (sec.589-ssec.3) The application must be made— if the respondent contravened a noise abatement direction mentioned in subsection (1) (a) —within 48 hours after the contravention; or if the second of 2 noise abatement directions mentioned in subsection (1) (b) was given to the respondent—within 48 hours after the second direction was given. (sec.589-ssec.4) The application must be made to the relevant court in the approved form but may be made to a magistrate in the way provided under section 800 and subsection (5) of this section. (sec.589-ssec.5) If the application is properly made to a magistrate under section 800 , the magistrate must— order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and give a copy of the application and the order to the clerk of the court of the relevant court. (sec.589-ssec.6) As soon as reasonably practicable after a date is set for hearing the application, a police officer must give notice of the application to— the respondent; and if the respondent is not the owner of the motorbike—the owner of the motorbike; and if a person mentioned in paragraph (a) or (b) is a child, the child’s parent or guardian if it is reasonably practicable to do so; and if a person mentioned in paragraph (a) , (b) or (c) is not the owner of the land on which the contravention happened, the owner of the land if it is reasonably practicable to do so. (sec.589-ssec.7) The notice must be in the approved form and state— the name and other particulars of the respondent; and the particulars necessary to properly identify the motorbike; and a description sufficient to identify the land on which the contravention happened and who owns the land; and that an application has been made to a stated court for an order to restrict the driving of a stated motorbike by the respondent in stated ways; and when and where the application is to be heard; and that if the respondent does not appear at the hearing, the application may be heard and decided in the respondent’s absence. (sec.589-ssec.8) The notice may be combined with another notice given under this Act. (sec.589-ssec.9) In this section— Magistrates Court , for an application brought against a child, means a Childrens Court constituted by a magistrate. relevant court means the Magistrates Court for the Magistrates Court district, or division of the district, in which the noise abatement order was contravened. - (a) contravenes a noise abatement direction in relation to excessive noise emitted by a motorbike driven on a place other than a road; or - (b) is given 2 noise abatement directions within a period of 1 month in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of the motorbike on the same place which is not a road. - (a) if the respondent contravened a noise abatement direction mentioned in subsection (1) (a) —within 48 hours after the contravention; or - (b) if the second of 2 noise abatement directions mentioned in subsection (1) (b) was given to the respondent—within 48 hours after the second direction was given. - (a) order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and - (b) give a copy of the application and the order to the clerk of the court of the relevant court. - (a) the respondent; and - (b) if the respondent is not the owner of the motorbike—the owner of the motorbike; and - (c) if a person mentioned in paragraph (a) or (b) is a child, the child’s parent or guardian if it is reasonably practicable to do so; and - (d) if a person mentioned in paragraph (a) , (b) or (c) is not the owner of the land on which the contravention happened, the owner of the land if it is reasonably practicable to do so. - (a) the name and other particulars of the respondent; and - (b) the particulars necessary to properly identify the motorbike; and - (c) a description sufficient to identify the land on which the contravention happened and who owns the land; and - (d) that an application has been made to a stated court for an order to restrict the driving of a stated motorbike by the respondent in stated ways; and - (e) when and where the application is to be heard; and - (f) that if the respondent does not appear at the hearing, the application may be heard and decided in the respondent’s absence.