An order made by a magistrate under s 40 of the Justices Act 1886 (Qld) remains lawful and authorises police to arrest until set aside by a court of competent jurisdiction. Leave to appeal under s 118(3) of the District Court of Queensland Act 1967 (Qld) will not be granted lightly where the applicant has had the benefit of two judicial hearings and has not demonstrated a reasonable argument of error to be corrected.
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