TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 131A Removing absolute disqualification imposed before 13 March 2002

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 131A

131A Removing absolute disqualification imposed before 13 March 2002

(1) This section applies to a person who was absolutely disqualified from holding or obtaining a Queensland driver licence under section 78 before 13 March 2002.

(2) The person may, at any time after the expiration of 5 years from the start of the disqualification, apply to the chief executive to remove the disqualification.

(3) When deciding whether to remove the disqualification, the chief executive may consider—

(a) whether any demerit points have been recorded on the person’s traffic history in the 2 years immediately before the person applies to the chief executive; and

(b) whether the person has been disqualified from holding or obtaining an Australian driver licence since the disqualification that the person is applying to the chief executive to remove.

(4) The chief executive may decide—

(a) to remove the disqualification from a certain date; or

(b) to refuse to remove the disqualification.

(5) The chief executive must inform the person of the chief executive’s decision by written notice.

(6) If the chief executive refuses to remove the disqualification, the person must wait at least 1 year after the date of the chief executive’s written notice before—

(a) reapplying to the chief executive, under this section, to remove the disqualification; or

(b) applying to a court, under section 131 , to remove the disqualification.