29AAQ

Appeal against immediate suspension notice

In force

(1) A person given a notice under section 29AAN may appeal to the Local Court against the licence suspension and disqualification from driving as a result of the notice.

(2)

The appellant:

(a) must give 14 days written notice of the appeal to the Registrar and to the Local Court; and

(b) must set out particulars of exceptional circumstances the appellant relies upon to justify the setting aside of the notice.

(3)

In determining the appeal, the Local Court must hear:

(a)

any evidence tendered by the appellant; and

(b)

any evidence tendered by or on behalf of the Registrar; and

(c)

any evidence required by the Court from a medical practitioner.

(4)

The Court may, by order:

(a)

uphold the notice; or

(b) if satisfied of exceptional circumstances that justify it – set aside the notice.

(5) An order under subsection (4) is final and cannot be appealed against or reviewed by the Court or any other court.

This Act’s bill:Second reading speech

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