sec.202KVariation of restrictions

### sec.202K Variation of restrictions This section applies if, after a disqualifying court makes an order under section 202D or this section, the circumstances connected with the disqualified person’s means of earning his or her livelihood have changed. The disqualified person (the applicant ) may apply, in the approved form, to a Magistrates Court exercising jurisdiction at the place where the applicant resides for an order to vary restrictions currently applying to the applicant’s restricted licence by an order of a court. For the application, the following must give evidence relating to all matters relevant to the application and must be liable to cross-examination— the applicant, if required by the court to submit himself or herself as a witness; and any other person, if called as a witness. At least 28 days before the date of the hearing for the application, the applicant must give written notice about the application, including the time and place at which the application is to be heard, to the chief executive in a way prescribed under a regulation. The chief executive is entitled to appear and be heard and to give and produce evidence at the hearing of the application, including for or against the grant of the application. Also, the chief executive is entitled to be represented at the hearing. The chief executive may be represented by an Australian legal practitioner or government legal officer. A court to which an application is made under subsection (2) may, if it considers that the justice of the case requires that it do so and having regard to the restrictions mentioned in section 202D (6) , make an order varying the restrictions to which the restricted licence is subject under section 202D or this section. If the chief executive is given— a copy of an order made under this section (a variation order ) certified to be a true copy by a relevant clerk of the court that made the order; and the restricted licence to which the variation order relates and, if the holder of the restricted licence has a marine licence indicator, the holder’s marine licence indicator; the licensing entity who dealt with the previous application for the restricted licence under section 202G must vary the restrictions to which the restricted licence is subject so the restrictions accord with those imposed by the court by the variation order. Until the licensing entity mentioned in subsection (8) varies the restrictions to which the restricted licence is subject, those restrictions continue to apply to the restricted licence despite any variation order. s 202K ins 2006 No. 21 s 91 amd 2008 No. 31 s 37 ; 2010 No. 13 s 83 (sec.202K-ssec.1) This section applies if, after a disqualifying court makes an order under section 202D or this section, the circumstances connected with the disqualified person’s means of earning his or her livelihood have changed. (sec.202K-ssec.2) The disqualified person (the applicant ) may apply, in the approved form, to a Magistrates Court exercising jurisdiction at the place where the applicant resides for an order to vary restrictions currently applying to the applicant’s restricted licence by an order of a court. (sec.202K-ssec.3) For the application, the following must give evidence relating to all matters relevant to the application and must be liable to cross-examination— the applicant, if required by the court to submit himself or herself as a witness; and any other person, if called as a witness. (sec.202K-ssec.4) At least 28 days before the date of the hearing for the application, the applicant must give written notice about the application, including the time and place at which the application is to be heard, to the chief executive in a way prescribed under a regulation. (sec.202K-ssec.5) The chief executive is entitled to appear and be heard and to give and produce evidence at the hearing of the application, including for or against the grant of the application. (sec.202K-ssec.6) Also, the chief executive is entitled to be represented at the hearing. The chief executive may be represented by an Australian legal practitioner or government legal officer. (sec.202K-ssec.7) A court to which an application is made under subsection (2) may, if it considers that the justice of the case requires that it do so and having regard to the restrictions mentioned in section 202D (6) , make an order varying the restrictions to which the restricted licence is subject under section 202D or this section. (sec.202K-ssec.8) If the chief executive is given— a copy of an order made under this section (a variation order ) certified to be a true copy by a relevant clerk of the court that made the order; and the restricted licence to which the variation order relates and, if the holder of the restricted licence has a marine licence indicator, the holder’s marine licence indicator; the licensing entity who dealt with the previous application for the restricted licence under section 202G must vary the restrictions to which the restricted licence is subject so the restrictions accord with those imposed by the court by the variation order. (sec.202K-ssec.9) Until the licensing entity mentioned in subsection (8) varies the restrictions to which the restricted licence is subject, those restrictions continue to apply to the restricted licence despite any variation order. - (a) the applicant, if required by the court to submit himself or herself as a witness; and - (b) any other person, if called as a witness. - (a) a copy of an order made under this section (a variation order ) certified to be a true copy by a relevant clerk of the court that made the order; and - (b) the restricted licence to which the variation order relates and, if the holder of the restricted licence has a marine licence indicator, the holder’s marine licence indicator;