QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.202MCourt hearing an application
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### sec.202M Court hearing an application
This section applies to a hearing by the Supreme Court, the District Court or a Magistrates Court of an application under section 202L (2) for the removal of a disqualified person’s disqualification.
As it considers appropriate, the court may—
by order, remove the disqualification on and from a date stated in the order; or
refuse the application.
For subsection (2) , the court must have regard to the following—
the character of the disqualified person;
the disqualified person’s conduct after the order under section 202A (2) was made;
the nature of the offence for which the disqualified person was convicted by the disqualifying court;
other circumstances relating to the disqualification or application.
If the application is refused, a further application under section 202L (2) must not be considered if made within 1 year after the date of the refusal.
If an order for the removal of a disqualification is made under subsection (2) (a) , the court may order the applicant to pay all or part of the costs of the application.
A relevant clerk of the court that deals with the application must give the chief executive information about the outcome of the application.
pt 15 div 4 (ss 202L–202M) ins 2006 No. 21 s 91
(sec.202M-ssec.1) This section applies to a hearing by the Supreme Court, the District Court or a Magistrates Court of an application under section 202L (2) for the removal of a disqualified person’s disqualification.
(sec.202M-ssec.2) As it considers appropriate, the court may— by order, remove the disqualification on and from a date stated in the order; or refuse the application.
(sec.202M-ssec.3) For subsection (2) , the court must have regard to the following— the character of the disqualified person; the disqualified person’s conduct after the order under section 202A (2) was made; the nature of the offence for which the disqualified person was convicted by the disqualifying court; other circumstances relating to the disqualification or application.
(sec.202M-ssec.4) If the application is refused, a further application under section 202L (2) must not be considered if made within 1 year after the date of the refusal.
(sec.202M-ssec.5) If an order for the removal of a disqualification is made under subsection (2) (a) , the court may order the applicant to pay all or part of the costs of the application.
(sec.202M-ssec.6) A relevant clerk of the court that deals with the application must give the chief executive information about the outcome of the application.
- (a) by order, remove the disqualification on and from a date stated in the order; or
- (b) refuse the application.
- (a) the character of the disqualified person;
- (b) the disqualified person’s conduct after the order under section 202A (2) was made;
- (c) the nature of the offence for which the disqualified person was convicted by the disqualifying court;
- (d) other circumstances relating to the disqualification or application.