s. 28D accused to surrender the licence document immediately to the person who gave the notice. (2) For the purposes of this section a person is charged with an offence when a copy of the information that is signed by the member of the police force is given to the person. (3) Immediately on the giving of a notice under subsection (1), the operator licence of the accused is suspended until the charge has been determined by a court. S. 28C(4) (4) A person who gives a notice under subsection (1) amended by must cause a copy of that notice to be sent No. 77/2001 s. 31(1)(b). immediately to the Director. (5) A person who, without just cause or excuse, refuses or fails to surrender a document as required by a notice under subsection (1) is guilty of an offence and liable to a penalty of not more than 5 penalty units. (6) The accused has the burden of proving just cause or excuse. S. 28D 28D Appeal to court against suspension of operator inserted by licence No. 93/2000 s. 9 (as (1) A person to whom a notice is given under amended by No. 23/2001 section 28C(1) may appeal against that notice to s. 24). the Magistrates' Court. (2) A person who appeals under subsection (1) must give 14 days' written notice of the appeal (including particulars of any alleged exceptional circumstances) to the Chief Commissioner of Police and a registrar of the Magistrates' Court. (3) In determining the appeal the court must hear any relevant evidence tendered either by the applicant or by the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court.
accused to surrender the licence document immediately to the person who gave the notice. (2) For the purposes of this section a person is charged with an offence when a copy of the information that is signed by the member of the police force is given to the person. (3) Immediately on the giving of a notice under subsection (1), the operator licence of the accused is suspended until the charge has been determined by a court. S. 28C(4) amended by No. 77/2001 s. 31(1)(b). (4) A person who gives a notice under subsection (1) must cause a copy of that notice to be sent immediately to the Director. (5) A person who, without just cause or excuse, refuses or fails to surrender a document as required by a notice under subsection (1) is guilty of an offence and liable to a penalty of not more than 5 penalty units. (6) The accused has the burden of proving just cause or excuse. S. 28D inserted by No. 93/2000 s. 9 (as amended by No. 23/2001 s. 24). s. 28D 28D Appeal to court against suspension of operator licence (1) A person to whom a notice is given under section 28C(1) may appeal against that notice to the Magistrates' Court. (2) A person who appeals under subsection (1) must give 14 days' written notice of the appeal (including particulars of any alleged exceptional circumstances) to the Chief Commissioner of Police and a registrar of the Magistrates' Court. (3) In determining the appeal the court must hear any relevant evidence tendered either by the applicant or by the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court.
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