Disqualification notice (s. 71C), court may order police to revoke
71F Disqualification notice (s. 71C), court may order police to revoke
A person to whom a disqualification notice is given under section 71C may apply to the Magistrates Court or, if the person is under 18 years of age, to the Children’s Court, for an order directing the Commissioner of Police to revoke the notice.
An application made under subsection (1) must —
be made in accordance with any applicable rules of court; and
include particulars of the exceptional circumstances that the applicant alleges justifies the making of the order; and
be served on the Commissioner of Police at least 14 days before it is heard and determined.
The Commissioner of Police is entitled to be heard on an application made under subsection (1).
The court may either make an order directing the Commissioner of Police to revoke the disqualification notice from the day specified in the order or refuse the application.
The court must not make an order directing the Commissioner of Police to revoke a disqualification notice unless it is satisfied that exceptional circumstances exist that justify the making of such an order.
If a court makes an order directing the Commissioner of Police to revoke a disqualification notice, the court is to cause a copy of the order to be sent to the CEO.
[Section 71F inserted: No. 51 of 2010 s. 11; amended: No. 8 of 2012 s. 17.]
71G. Disqualification notice (s. 71C) automatically revoked on acquittal etc.
If a court —
acquits a person of an offence to which a disqualification notice relates; or
dismisses a charge for an offence to which a disqualification notice relates,
the disqualification notice is revoked.
If under this section a disqualification notice is revoked, the court is to cause particulars of the revocation to be sent to the CEO.
[Section 71G inserted: No. 51 of 2010 s. 11; amended: No. 8 of 2012 s. 18.]
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