61GDeciding application

61G Deciding application (1) The Magistrates Court may hear and decide an application under section 61F and may make— (a) an order confirming the decision to give the applicant an immediate suspension notice; or (b) an order staying the operation of the suspension notice; or (c) any other order the court considers appropriate. (2) However, the court must not make an order under subsection (1) (b) unless satisfied that exceptional circumstances justify making the order. (3) The court must take into account the following matters when deciding if exceptional circumstances justify making an order under subsection (1) (b): (a) the risk to the safety of other road users; (b) the applicant’s need for a licence; (c) the matters contained in the suspension notice; (d) any other matter the court considers relevant. (4) In deciding a person’s application under section 61F, the court must not decide— (a) the guilt or innocence of the person for the offence to which the suspension notice relates; or (b) the imposition or level of a penalty for the offence.