Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 - SECT 202M

202M Court hearing an application

(1) This section applies to a hearing by the Supreme Court, the District Court or a Magistrates Court of an application under section 202L (2) for the removal of a disqualified person’s disqualification.

(2) As it considers appropriate, the court may—

(a) by order, remove the disqualification on and from a date stated in the order; or

(b) refuse the application.

(3) For subsection (2) , the court must have regard to the following—

(a) the character of the disqualified person;

(b) the disqualified person’s conduct after the order under section 202A (2) was made;

(c) the nature of the offence for which the disqualified person was convicted by the disqualifying court;

(d) other circumstances relating to the disqualification or application.

(4) If the application is refused, a further application under section 202L (2) must not be considered if made within 1 year after the date of the refusal.

(5) If an order for the removal of a disqualification is made under subsection (2) (a) , the court may order the applicant to pay all or part of the costs of the application.

(6) A relevant clerk of the court that deals with the application must give the chief executive information about the outcome of the application.