Transport Operations (Marine Safety) Act 1994

This section applies if a person was disqualified by an order under section 202A(2) from holding or obtaining a licence absolutely or for a period of more than 2 years, whether or not at the time of the order the person held a licence.

The person may, at any time after the expiration of 2 years from the start of the disqualification period, apply for the disqualification to be removed.

The application must be made to—

if the disqualification was ordered by the Supreme Court—the Supreme Court; or

if the disqualification was ordered by the District Court—the District Court; or

if the disqualification was not ordered by the Supreme or District Court—

if the person lives in Queensland—the Magistrates Court exercising jurisdiction at the place where the person lives; or

if the person lives outside Queensland—the Magistrates Court, Central division of the Brisbane Magistrates Courts District.

At least 28 days before the date of the hearing of the application, the applicant must give written notice about the application, including the time and place at which the application is to be heard, to the chief executive in a way prescribed under a regulation.

The chief executive is entitled to appear and be heard and to give and produce evidence at the hearing of the application, including for or against the grant of the application.

Also, the chief executive is entitled to be represented at the hearing.