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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TRANSPORT OPERATIONS
(ROAD USE MANAGEMENT)
AMENDMENT BILL 2002
Queensland
TRANSPORT OPERATIONS (ROAD USE
MANAGEMENT) AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 78 (Driving of motor vehicle without a driver licence
prohibited) ................................................ 4
4 Insertion of new s 78A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
78A Permit to drive--recently expired driver licence . . . . . . . . . . . . . . . . 6
5 Amendment of ch 7 (Transitional provisions, amendments and repeals) . . . 6
PART 4--TRANSITIONAL PROVISIONS FOR TRANSPORT
OPERATIONS (ROAD USE MANAGEMENT) AMENDMENT
ACT 2002
195 Provision for particular disqualifications . . . . . . . . . . . . . . . . . . . . . . 7
196 Persons affected by amendment Act . . . . . . . . . . . . . . . . . . . . . . . . . 7
2002
A BILL
FOR
An Act to amend the Transport Operations (Road Use Management)
Act 1995
s1 4 s3
Transport Operations (Road Use Management)
Amendment Bill 2002
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Transport Operations (Road Use 3
Management) Amendment Act 2002. 4
2 Act amended
Clause 5
This Act amends the Transport Operations (Road Use Management) 6
Act 1995. 7
Clause 3 Amendment of s 78 (Driving of motor vehicle without a driver 8
licence prohibited) 9
(1) Section 78(1), penalty, paragraph (a), `under a'-- 10
omit, insert-- 11
`by any'. 12
(2) Section 78-- 13
insert-- 14
`(1A) An infringement notice under the State Penalties Enforcement 15
Act 1999 may be issued to a person for a contravention of subsection (1) 16
only if-- 17
(a) the person's driver licence authorising the person to drive the 18
vehicle had recently expired; and 19
(b) the person had not, in the 5 years before the contravention, been 20
convicted of another offence against subsection (1).'. 21
(3) Section 78(3)-- 22
omit, insert-- 23
`(3) If the court convicts a person of an offence against subsection (1) 24
and any of the following circumstances apply, the court, in addition to 25
imposing a penalty, must disqualify the person from holding or obtaining a 26
Queensland driver licence for the period mentioned in relation to the 27
circumstance-- 28
s3 5 s3
Transport Operations (Road Use Management)
Amendment Bill 2002
(a) if the person committed the offence while the person was 1
disqualified, by any court order, from holding or obtaining a 2
driver licence--for a period, of at least 2 years but not more than 3
5 years, decided by the court; or 4
(b) if the person committed the offence while the person was 5
disqualified, other than by any court order, from holding or 6
obtaining a driver licence--for 6 months; or 7
(c) if the person has never held a driver licence authorising the 8
person to drive the vehicle--for 6 months; or 9
(d) if the person's driver licence authorising the person to drive the 10
vehicle had expired more than 5 years before the person 11
committed the offence--for 6 months. 12
`(3A) For subsection (3), if the circumstances mentioned in 13
paragraph (a) and another paragraph of the subsection exist, the court must 14
apply paragraph (a). 15
`(3B) If the court convicts a person of an offence against subsection (1) 16
and subsection (3) does not apply, the court, in addition to imposing a 17
penalty, may disqualify the person from holding or obtaining a Queensland 18
driver licence for a period, of at least 1 month but not more than 6 months, 19
decided by the court if-- 20
(a) the person's driver licence authorising the person to drive the 21
vehicle had recently expired and the person had, in the 5 years 22
before the conviction, been convicted of another offence against 23
subsection (1); or 24
(b) the person's driver licence authorising the person to drive the 25
vehicle had expired more than 1 year, but not more than 5 years, 26
before the person committed the offence.'. 27
(4) Section 78(4), after `Subsection (3)'-- 28
insert-- 29
`or (3B)'. 30
(5) Section 78-- 31
insert-- 32
`(6) In this section-- 33
"any court order" means an order of any Australian court. 34
s4 6 s5
Transport Operations (Road Use Management)
Amendment Bill 2002
"expired" licence means-- 1
(a) a driver licence that has expired; or 2
(b) a non-Queensland driver licence if the authority to drive on a 3
Queensland road under the licence has been withdrawn. 4
"recently expired" licence means a licence that became an expired licence 5
no more than 1 year before the person committed the offence.'. 6
4 Insertion of new s 78A
Clause 7
After section 78-- 8
insert-- 9
`78A Permit to drive--recently expired driver licence 10
`(1) This section applies if a police officer issues an infringement notice 11
under the State Penalties Enforcement Act 1999 to a person for a 12
contravention of section 78(1). 13
`(2) The police officer may issue a permit authorising the person to drive 14
to a stated place. 15
`(3) The permit must-- 16
(a) be in the approved form; and 17
(b) state the number of the infringement notice; and 18
(c) state the term, not longer than 24 hours, for which it is issued; 19
and 20
(d) state the conditions, if any, on which it is issued. 21
`(4) If the permit is issued on a condition, the permit is cancelled if the 22
condition is contravened. 23
`(5) To remove any doubt, it is declared that a police officer issuing a 24
permit under subsection (2) does not contravene section 78(5).'. 25
Clause 5 Amendment of ch 7 (Transitional provisions, amendments and 26
repeals) 27
(1) Chapter 7, heading, `, amendments and repeals'-- 28
omit. 29
s5 7 s5
Transport Operations (Road Use Management)
Amendment Bill 2002
(2) Chapter 7-- 1
insert-- 2
`PART 4--TRANSITIONAL PROVISIONS FOR 3
TRANSPORT OPERATIONS (ROAD USE 4
MANAGEMENT) AMENDMENT ACT 2002 5
`195 Provision for particular disqualifications 6
`(1) This section applies to a person if-- 7
(a) during the period starting on 3 December 2001 and ending on the 8
commencement of this section-- 9
(i) the person committed an offence against section 78(1) as in 10
force immediately before the commencement of this 11
section; and 12
(ii) the person was convicted of the offence and was disqualified 13
under section 78(3) from holding or obtaining a Queensland 14
driver licence for 6 months; and 15
(b) when the person committed the offence, the person was not 16
disqualified from holding or obtaining a driver licence; and 17
(c) the person's driver licence for the motor vehicle that the person 18
was driving when the offence was committed had expired no 19
more than 5 years before the person committed the offence. 20
`(2) The person is no longer disqualified under section 78(3) from 21
holding or obtaining a Queensland driver licence and any order of a court 22
of any jurisdiction of the State, to the extent that it gives effect to the 23
disqualification, is of no effect. 24
`(3) No compensation is payable to the person in relation to the period of 25
disqualification served by the person before the disqualification ended. 26
`196 Persons affected by amendment Act 27
`(1) This section applies to a person if-- 28
(a) during the period starting on 3 December 2001 and ending on the 29
commencement of this section, the person is alleged to have 30
contravened section 78(1) as in force immediately before the 31
commencement of this section; and 32
s5 8 s5
Transport Operations (Road Use Management)
Amendment Bill 2002
(b) the person has not been dealt with for the alleged contravention 1
before the commencement of this section. 2
`(2) If prosecuted for the contravention, the person must be dealt with for 3
the contravention as if the person had contravened section 78(1), 4
unaffected by the definition "any court order", as in force immediately 5
after the commencement.'. 6
7
© State of Queensland 2002
Authorised by the Parliamentary Counsel
and printed by the Government Printer
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