Application to Magistrates' Court for review of decision under section 50AAAE
50AAAF Application to Magistrates' Court for review of decision under section 50AAAE
This section applies if—
S. 50AAAF(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 101).
a person has applied to the Secretary under section 50AAAE for an exemption from the requirement that a driver licence or learner permit granted to the person must be subject to an alcohol interlock condition; and
S. 50AAAF(1)(b) amended by No. 49/2019 s. 116(Sch. 1 item 101).
the Secretary has decided not to grant the exemption; and
the person has not subsequently applied for, and been granted, a driver licence or learner permit that is subject to an alcohol interlock condition.
S. 50AAAF(2) amended by No. 49/2019 s. 116(Sch. 1 item 101).
Subject to subsection (3), the person may apply to the Magistrates' Court for a direction to the Secretary that the person has provided evidence, prescribed by the regulations, that is sufficient to establish that the person is not engaging in hazardous or harmful alcohol use and is not dependent on alcohol.
An application to the Magistrates' Court under this section—
may be made on giving 28 days written notice of the application and of the venue of the Court at which it is to be heard to—
the Chief Commissioner of Police; and
the registrar of that venue of the Court; and
must be accompanied by the evidence given in support of the application under section 50AAAE.
At the hearing of an application under this section, the Magistrates' Court must hear any relevant evidence tendered by the Chief Commissioner of Police.
On an application under this section, the Magistrates' Court may either—
S. 50AAAF(5)(a) amended by No. 49/2019 s. 116(Sch. 1 item 101).
direct the Secretary that the person has provided evidence, prescribed by the regulations, that is sufficient to establish that the person is not engaging in hazardous or harmful alcohol use and is not dependent on alcohol; or
refuse to give such a direction.
S. 50AAAF(6) amended by No. 49/2019 s. 116(Sch. 1 item 101).
The Magistrates' Court must cause particulars of any decision made by it on an application under this section to be sent immediately to the Secretary.
S. 50AAAF(7) amended by No. 49/2019 s. 116(Sch. 1 item 101).
The decision of the Magistrates' Court on an application under this section is final and conclusive and, subject to subsection (8), must be given effect to by the Secretary.
S. 50AAAF(8) amended by No. 49/2019 s. 116(Sch. 1 item 101).
The Secretary is not required to give effect to a decision of the Magistrates' Court under this section if the person is no longer a person to whom section 50AAAE applies.
S. 50AAB inserted by No. 1/2002 s. 7, amended by Nos 94/2003 s. 8(14), 49/2004 s. 32, 110/2004 s. 31(2)(3), 81/2006 ss 5(5)(b)−(d), 19(3)(c), 69/2009 s. 54(Sch. Pt 1 item 50.8), 52/2012 s. 24, 56/2013 s. 7, 49/2014 s. 20, 5/2016 s. 36(Sch. 1 item 22), 70/2016 s. 16, 68/2017 s. 23, repealed by No. 7/2019 s. 19.
* * * * *
S. 50AAC (Heading) amended by No. 56/2013 s. 8(1).
S. 50AAC inserted by No. 1/2002 s. 7.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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