QLDIn ForceAct
Rail Safety National Law (Queensland) Act 2017
sec.55Particular persons may be required to attend hearing with leave of court
Start here
Get a plain-English read of sec.55
Turn the raw legal text into a practical explanation grounded in Rail Safety National Law (Queensland) Act 2017.
### sec.55 Particular persons may be required to attend hearing with leave of court
This section applies if, in a proceeding, a defendant gives a notice under section 54 (2) for evidence mentioned in section 54 (1) (b) .
The defendant may, with leave of the court, require a person who was involved in the taking, receipt, storage or testing of the specimen of saliva or blood to attend the hearing of the proceeding to give evidence.
The court may grant leave if satisfied—
there is a reasonable possibility that an irregularity or defect exists in relation to the taking, receipt, storage or testing of the specimen of saliva or blood about which the person is able to give evidence; or
it is otherwise in the interests of justice that the person be required to attend the hearing to give evidence relevant to the proceeding.
(sec.55-ssec.1) This section applies if, in a proceeding, a defendant gives a notice under section 54 (2) for evidence mentioned in section 54 (1) (b) .
(sec.55-ssec.2) The defendant may, with leave of the court, require a person who was involved in the taking, receipt, storage or testing of the specimen of saliva or blood to attend the hearing of the proceeding to give evidence.
(sec.55-ssec.3) The court may grant leave if satisfied— there is a reasonable possibility that an irregularity or defect exists in relation to the taking, receipt, storage or testing of the specimen of saliva or blood about which the person is able to give evidence; or it is otherwise in the interests of justice that the person be required to attend the hearing to give evidence relevant to the proceeding.
- (a) there is a reasonable possibility that an irregularity or defect exists in relation to the taking, receipt, storage or testing of the specimen of saliva or blood about which the person is able to give evidence; or
- (b) it is otherwise in the interests of justice that the person be required to attend the hearing to give evidence relevant to the proceeding.