sec.298Deciding applications

sec.298 Deciding applications

The court may make the section 79E order only if satisfied— the applicant is a fit and proper person to continue to drive, having regard to the applicant’s traffic history, and the safety of other road users and the public generally; and that, if the order is made, there would not be an unacceptable risk of the applicant committing an offence against section 79 or 80 of the Act , having regard to the applicant’s traffic history; and a refusal to make the order would cause either or both of the following— extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; severe and unusual hardship to the applicant or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living; and when the order is made, the applicant holds an open licence that would be valid other than for the suspension, under section 79B (2) of the Act , to which the order relates. For subsection (1) (c) (i) , the applicant must give the court— an affidavit made by the applicant outlining how a refusal to make the section 79E order would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; and if the applicant is not self-employed—an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application were refused. For subsection (1) (c) (ii) , the applicant must give the court an affidavit made by the applicant that— outlines how a refusal to make the section 79E order would cause severe and unusual hardship to the applicant or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living; and is accompanied by a statutory declaration from a person other than the applicant, or other documentary evidence or certified copies of evidence, in support of each matter stated in the affidavit. (sec.298-ssec.1) The court may make the section 79E order only if satisfied— the applicant is a fit and proper person to continue to drive, having regard to the applicant’s traffic history, and the safety of other road users and the public generally; and that, if the order is made, there would not be an unacceptable risk of the applicant committing an offence against section 79 or 80 of the Act , having regard to the applicant’s traffic history; and a refusal to make the order would cause either or both of the following— extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; severe and unusual hardship to the applicant or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living; and when the order is made, the applicant holds an open licence that would be valid other than for the suspension, under section 79B (2) of the Act , to which the order relates. (sec.298-ssec.2) For subsection (1) (c) (i) , the applicant must give the court— an affidavit made by the applicant outlining how a refusal to make the section 79E order would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of the applicant’s means of earning a living; and if the applicant is not self-employed—an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application were refused. (sec.298-ssec.3) For subsection (1) (c) (ii) , the applicant must give the court an affidavit made by the applicant that— outlines how a refusal to make the section 79E order would cause severe and unusual hardship to the applicant or the applicant’s family, in a way other than by depriving the applicant of the applicant’s means of earning a living; and is accompanied by a statutory declaration from a person other than the applicant, or other documentary evidence or certified copies of evidence, in support of each matter stated in the affidavit.