QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.124AAdditional ground of challenge not stated in written notice required under particular provisions
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### sec.124A Additional ground of challenge not stated in written notice required under particular provisions
This section applies to a hearing in relation to which a person has given a written notice under section 80 (27) , 119 (1) , 120 (7) , 123R (2) or 123SA (2) .
The requirement mentioned in section 80 (27) (c) , 119 (2) , 120 (8) , 123R (3) or 123SA (3) to state in the written notice the grounds on which the person intends to challenge the evidence mentioned in that subsection does not prevent the person from raising a ground at the hearing to challenge the evidence if—
the person did not know the ground before the hearing; and
as far as the ground was able to be found out by the person—the person took all reasonable steps to find out the ground before the hearing.
If a person raises a ground at the hearing that was not stated in a written notice under section 80 (27) , 119 (1) , 120 (7) , 123R (2) or 123SA (2) , the court may adjourn the hearing to the time, and on the terms as to costs, the court considers appropriate.
Subsection (3) does not limit the powers of the court.
s 124A ins 2007 No. 43 s 83
amd 2010 No. 13 s 41 ; 2013 No. 26 s 83 ; 2019 No. 25 s 106 ; 2022 No. 19 s 22
(sec.124A-ssec.1) This section applies to a hearing in relation to which a person has given a written notice under section 80 (27) , 119 (1) , 120 (7) , 123R (2) or 123SA (2) .
(sec.124A-ssec.2) The requirement mentioned in section 80 (27) (c) , 119 (2) , 120 (8) , 123R (3) or 123SA (3) to state in the written notice the grounds on which the person intends to challenge the evidence mentioned in that subsection does not prevent the person from raising a ground at the hearing to challenge the evidence if— the person did not know the ground before the hearing; and as far as the ground was able to be found out by the person—the person took all reasonable steps to find out the ground before the hearing.
(sec.124A-ssec.3) If a person raises a ground at the hearing that was not stated in a written notice under section 80 (27) , 119 (1) , 120 (7) , 123R (2) or 123SA (2) , the court may adjourn the hearing to the time, and on the terms as to costs, the court considers appropriate.
(sec.124A-ssec.4) Subsection (3) does not limit the powers of the court.
- (a) the person did not know the ground before the hearing; and
- (b) as far as the ground was able to be found out by the person—the person took all reasonable steps to find out the ground before the hearing.