Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person served with a suspension notice under section 61B (Immediate suspension of licence) may apply to the Magistrates Court for a stay of the operation of the suspension notice.
(2) The application may be made by filing the following documents not later than 28 days after the day the applicant was served with the suspension notice:
(a) a notice setting out the grounds of the application;
(b) an affidavit in support of the application.
(3) The registrar must, as soon as practicable after the application is filed—
(a) set a hearing date for the application; and
(b) give the applicant and the chief police officer written notice of the time and place of the hearing of the application.
(4) The chief police officer must file any relevant material that the chief police officer proposes to rely on at the hearing of the application, not later than 10 days after the day the chief police officer was given the documents mentioned in subsection (2).
(5) The registrar must, as soon as practicable after the chief police officer has filed any documents under subsection (4), give the applicant a copy of the documents.
(6) Despite any error in a notice under subsection (3) or a failure to give notice under that subsection, the court may hear and decide the application if it is satisfied that the parties—
(a) knew about the time and place of the hearing; and
(b) were not prejudiced by the error or failure.