sec.296Applying for section 79E orders

sec.296 Applying for section 79E orders

A person may apply for a section 79E order only to a relevant court for the person. The application must be— made within 21 days after the day the applicant’s suspended licence was suspended under section 79B (2) of the Act ; and made in the approved form; and accompanied by the information, or details of the information, the applicant intends to rely on for the application. See also section 298 (2) and (3) for particular evidence the applicant must give the court. Subsection (2) (c) does not prevent the applicant from giving or producing further evidence at the hearing of the application. The applicant must give the commissioner a copy of the application, including the information or details mentioned in subsection (2) (c) — if the day of the hearing is within 4 days after the day the application is made—as soon as practicable but before the day of the hearing; or otherwise—as soon as practicable but at least 3 days before the day of the hearing. In this section— relevant court , for a person, means— if the relevant charge for the person’s suspended licence was laid against the person in, or the person resides in, a division of the Brisbane Magistrates Courts District—a court in the division; or if the relevant charge for the person’s suspended licence was laid against the person in, or the person resides in, another Magistrates Courts district—a court in the district. (sec.296-ssec.1) A person may apply for a section 79E order only to a relevant court for the person. (sec.296-ssec.2) The application must be— made within 21 days after the day the applicant’s suspended licence was suspended under section 79B (2) of the Act ; and made in the approved form; and accompanied by the information, or details of the information, the applicant intends to rely on for the application. See also section 298 (2) and (3) for particular evidence the applicant must give the court. (sec.296-ssec.3) Subsection (2) (c) does not prevent the applicant from giving or producing further evidence at the hearing of the application. (sec.296-ssec.4) The applicant must give the commissioner a copy of the application, including the information or details mentioned in subsection (2) (c) — if the day of the hearing is within 4 days after the day the application is made—as soon as practicable but before the day of the hearing; or otherwise—as soon as practicable but at least 3 days before the day of the hearing. (sec.296-ssec.5) In this section— relevant court , for a person, means— if the relevant charge for the person’s suspended licence was laid against the person in, or the person resides in, a division of the Brisbane Magistrates Courts District—a court in the division; or if the relevant charge for the person’s suspended licence was laid against the person in, or the person resides in, another Magistrates Courts district—a court in the district.