TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 90D Other matters about cumulative periods of disqualification

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 90D

90D Other matters about cumulative periods of disqualification

(1) For sections 90B and 90C , the following is immaterial to the cumulative effect of disqualifications—

(a) whether the periods of disqualification are imposed or ordered at the same hearing;

(b) whether an offence or charge that resulted in a period of disqualification (or the conviction or sentence for the offence or charge) happened before or after another offence or charge (or the conviction or sentence for the other offence or charge) that resulted in a period of disqualification;

(c) the order in which the periods of disqualification are imposed or ordered.

(2) Also, for sections 90B and 90C , periods of disqualification mentioned in the sections take effect cumulatively with other periods of disqualification mentioned in the sections in the order in which they are imposed or ordered.

(3) Further, sections 90B and 90C apply for a period of disqualification despite any provision of this Act or another Act that states the period of disqualification takes effect from a particular time.

Example for subsection (3)—

A person is convicted of an offence under section 79 (1) and under section 86 (1) is disqualified from holding or obtaining a Queensland driver licence for a period of 6 months from the date of the conviction. Three months after the person’s conviction, the person is convicted of a subsequent offence under section 79 (1) and under section 86 (1A) is disqualified from holding or obtaining a Queensland driver licence for a period of 1 year from the date of the subsequent conviction.

Despite the reference in section 86 (1A) to the 1 year disqualification period applying from the date of the conviction, the 1 year disqualification period applies cumulatively after the end of the 6 month disqualification period for the earlier conviction.