QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.204Appeals in relation to disqualification under s 202A
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### sec.204 Appeals in relation to disqualification under s 202A
This section applies to a person who, because of a conviction for an offence mentioned in section 202A (1) , is disqualified from holding or obtaining a licence by an order under section 202A .
The disqualified person may appeal against the order in the same way the person may appeal against the conviction.
The court deciding the appeal may, having regard to the circumstances of the case and as it considers appropriate—
by order, remove the disqualification on and from a date stated in the order; or
dismiss the appeal.
A relevant clerk of the court deciding the appeal must give information about the outcome of the appeal to the chief executive.
If the disqualified person starts an appeal against the conviction, the disqualification is suspended pending the decision on the appeal.
However, subject to any decision of a court on the appeal, the part of the period of disqualification that had not expired when the suspension began to operate takes effect from the date of decision of the appeal.
s 204 sub 2006 No. 21 s 92
(sec.204-ssec.1) This section applies to a person who, because of a conviction for an offence mentioned in section 202A (1) , is disqualified from holding or obtaining a licence by an order under section 202A .
(sec.204-ssec.2) The disqualified person may appeal against the order in the same way the person may appeal against the conviction.
(sec.204-ssec.3) The court deciding the appeal may, having regard to the circumstances of the case and as it considers appropriate— by order, remove the disqualification on and from a date stated in the order; or dismiss the appeal.
(sec.204-ssec.4) A relevant clerk of the court deciding the appeal must give information about the outcome of the appeal to the chief executive.
(sec.204-ssec.5) If the disqualified person starts an appeal against the conviction, the disqualification is suspended pending the decision on the appeal.
(sec.204-ssec.6) However, subject to any decision of a court on the appeal, the part of the period of disqualification that had not expired when the suspension began to operate takes effect from the date of decision of the appeal.
- (a) by order, remove the disqualification on and from a date stated in the order; or
- (b) dismiss the appeal.