Application to Court to have disqualification or suspension under section 45D lifted
45E Application to Court to have disqualification or suspension under section 45D lifted
If a person is given a notice of licence disqualification or suspension under section 45D (or is sent particulars of such a notice by the Registrar of Motor
Vehicles) but is not given an expiation notice for an offence to which section 45D applies (or such an expiation notice is withdrawn or the person elects to be prosecuted in accordance with the Expiation of Offences Act 1996), the person may apply to the Magistrates Court for an order that the person is not disqualified, or the person's driver's licence is not suspended, by the notice.
The
Magistrates Court may, on an application under subsection (1), make an order that the person is not disqualified, or the person's driver's licence is not suspended, by the notice if—
the
Court is satisfied, on the basis of oral evidence given on oath by the applicant, that there is a reasonable prospect that the applicant would, in proceedings for the offence to which the notice relates, be acquitted of the offence and the evidence before the
Court does not suggest that the applicant may be guilty of another offence to which section 45D applies; or
the
Court is satisfied that the person has not been charged with any offence to which section 45D applies and that the prosecution authorities have had a reasonable time, in the circumstances, within which to make a determination as to the laying of charges against the person.
The application must be commenced by lodging written application with the Magistrates Court, in the form prescribed by rules of the Court, setting out the grounds on which the application is made and particulars of the evidence that will be relied on by the applicant.
The
Commissioner of Police—
must be served, by an applicant for an order under this section, with a copy of the application as soon as practicable after the application is made; and
is a party to the application; and
may (but is not required to) appear at the hearing represented by legal counsel or a police officer.
Any legal counsel or police officer representing the Commissioner of
Police at the hearing may make submissions in relation to the application but is not entitled to cross-examine the applicant.
If the Commissioner of Police does not appear at the hearing, the clerk of the Court must notify the Commissioner, in writing, of the date on which the application was determined and the nature and effect of any order made in relation to the application.
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