QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.129ZCExclusion order to be explained if person before the court
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### sec.129ZC Exclusion order to be explained if person before the court
If the person in relation to whom a court is making an exclusion order is before the court, the court must explain the following things to the person in a way the court is reasonably satisfied the person will understand them—
the purpose, terms and effect of the proposed exclusion order;
what may happen if the person does not comply with the proposed exclusion order, including, for example, that the person may be detained under part 4A ;
that the person may apply for a variation of the order under section 129ZF .
If the person (the relevant person ) in relation to whom a court made an exclusion order did not appear before the court when the court made the order, before serving the order on the person, the person serving the order must explain, or cause to be explained, to the relevant person—
the purpose, terms and effect of the exclusion order; and
the consequences of contravening the exclusion order; and
that the exclusion order may be varied or revoked on the application of the relevant person or an authorised person.
The process that a court adopts to explain things mentioned in subsection (1) may include using services of, or help from, other people to the extent the court considers appropriate.
The court may arrange for the court’s proper officer or a public service employee at the court, to explain the exclusion order to a person.
A local interpreter or the telephone interpreter service may be used to explain the order to the person.
Explanatory notes, including explanatory notes prepared for non-English speakers, may be given to the person.
The court may arrange with a community government under the Local Government (Community Government Areas) Act 2004 , an indigenous regional council under the Local Government Act 1993 , a community justice group or group of elders for someone to explain the order to the person.
Failure to comply with this section does not affect the validity of the exclusion order.
s 129ZC ins 2008 No. 67 s 223
amd 2011 No. 12 s 85
(sec.129ZC-ssec.1) If the person in relation to whom a court is making an exclusion order is before the court, the court must explain the following things to the person in a way the court is reasonably satisfied the person will understand them— the purpose, terms and effect of the proposed exclusion order; what may happen if the person does not comply with the proposed exclusion order, including, for example, that the person may be detained under part 4A ; that the person may apply for a variation of the order under section 129ZF .
(sec.129ZC-ssec.1A) If the person (the relevant person ) in relation to whom a court made an exclusion order did not appear before the court when the court made the order, before serving the order on the person, the person serving the order must explain, or cause to be explained, to the relevant person— the purpose, terms and effect of the exclusion order; and the consequences of contravening the exclusion order; and that the exclusion order may be varied or revoked on the application of the relevant person or an authorised person.
(sec.129ZC-ssec.2) The process that a court adopts to explain things mentioned in subsection (1) may include using services of, or help from, other people to the extent the court considers appropriate. The court may arrange for the court’s proper officer or a public service employee at the court, to explain the exclusion order to a person. A local interpreter or the telephone interpreter service may be used to explain the order to the person. Explanatory notes, including explanatory notes prepared for non-English speakers, may be given to the person. The court may arrange with a community government under the Local Government (Community Government Areas) Act 2004 , an indigenous regional council under the Local Government Act 1993 , a community justice group or group of elders for someone to explain the order to the person.
(sec.129ZC-ssec.3) Failure to comply with this section does not affect the validity of the exclusion order.
- (a) the purpose, terms and effect of the proposed exclusion order;
- (b) what may happen if the person does not comply with the proposed exclusion order, including, for example, that the person may be detained under part 4A ;
- (c) that the person may apply for a variation of the order under section 129ZF .
- (a) the purpose, terms and effect of the exclusion order; and
- (b) the consequences of contravening the exclusion order; and
- (c) that the exclusion order may be varied or revoked on the application of the relevant person or an authorised person.
- 1 The court may arrange for the court’s proper officer or a public service employee at the court, to explain the exclusion order to a person.
- 2 A local interpreter or the telephone interpreter service may be used to explain the order to the person.
- 3 Explanatory notes, including explanatory notes prepared for non-English speakers, may be given to the person.
- 4 The court may arrange with a community government under the Local Government (Community Government Areas) Act 2004 , an indigenous regional council under the Local Government Act 1993 , a community justice group or group of elders for someone to explain the order to the person.