Queensland Consolidated Regulations Queensland Consolidated Regulations(1) This section applies to a person (the driver) who--
(a) holds a class C P1 provisional licence and is under 25 years; or
(b) holds a class C P1 probationary or P1 restricted licence because of a young driver disqualification offence.
(2) During the period between 11p.m. on a day and 5a.m. on the next day, the driver must not drive on a road a car carrying more than 1 passenger who--
(a) is under 21 years; and
(b) is not a person with whom the driver has an immediate family relationship.
Maximum penalty--20 penalty units.
(3) For subsection (2)(b), the driver has an immediate family relationship with each immediate family member of the driver.
(4) In relation to proof of whether an immediate family relationship existed between a passenger and the driver in proceedings for an offence against subsection (2)--
(a) a belief of a police officer, on reasonable grounds, that an immediate family relationship between the passenger and driver did not exist is sufficient evidence of that fact; and
(b) the driver has the onus of proving the immediate family relationship did exist.
(5) For subsection (4)(a), the belief mentioned in that subsection may be formed by the police officer after reasonable enquiries made of the driver and passengers when the police officer finds the driver driving the passengers or soon after.
(6) In this section--
approved carer, of a child, means a person who is an approved foster carer or approved kinship carer for the child.
foster child, of a person, means a child for whom the person is an approved carer.
grandparent, of the driver, means a parent of--
(a) a parent of the driver; or
(b) a step-parent of the driver.
immediate family member, of the driver, means--
(a) the driver's spouse; or
(b) a child, stepchild, foster child or ward of the driver; or
(c) a step-parent of the driver; or
(d) the spouse of a grandparent of the driver; or
(e) a brother or sister of the driver; or
(f) a stepbrother or stepsister of the driver; or
(g) a foster child or ward of a parent or step-parent of the driver; or
(h) if the driver is a child--
(i) an approved carer of the driver; or
(ii) a child, stepchild, foster child or ward of an approved carer of the driver; or
(i) a guardian of the driver; or
(j) a child, stepchild, foster child or ward of a guardian of the driver.
ward, of a person, means an adult or child for whom the person is a guardian.