(1) A person to whom a
disqualification notice is given under section 71C may apply to the
Magistrates Court or, if the person is under 18 years of age, to the
Children’s Court, for an order directing the Commissioner of Police to
revoke the notice.
(2) An application
made under subsection (1) must —
made in accordance with any applicable rules of court; and
include particulars of the exceptional circumstances that the applicant
alleges justifies the making of the order; and
served on the Commissioner of Police at least 14 days before it is heard and
(3) The Commissioner
of Police is entitled to be heard on an application made under subsection (1).
(4) The court may
either make an order directing the Commissioner of Police to revoke the
disqualification notice from the day specified in the order or refuse the
(5) The court must not
make an order directing the Commissioner of Police to revoke a
disqualification notice unless it is satisfied that exceptional circumstances
exist that justify the making of such an order.
(6) If a court makes
an order directing the Commissioner of Police to revoke a disqualification
notice, the court is to cause a copy of the order to be sent to the CEO.
[Section 71F inserted: No. 51 of 2010 s. 11;
amended: No. 8 of 2012 s. 17.]