Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DRIVER LICENSING) REGULATION 1999 - SECT 30G

(1) A person who has a suspended licence is eligible to apply for a section 79E order if--

(a) the suspended licence is an open licence; and

(b) the application relates to a licence of the same class as the suspended licence.

(2) A person who has a suspended licence is not eligible to apply for a section 79E order if--

(a) at the time of the relevant charge for the suspended licence--

(i) the person had been previously charged for an offence under section 79 or 80 of the Act; and

(ii) the previous charge had not been dealt with by a court, withdrawn or otherwise discontinued; or

(b) the act or omission that resulted in the relevant charge for the suspended licence happened, or is alleged to have happened, in 1 or more of the following circumstances--

(i) while the person was engaged in an activity directly connected with the person's means of earning a living;

(ii) while the person was driving a motor vehicle the person was not authorised, under an open licence, to drive;

(iii) while the person held a restricted licence issued under an order made under section 87 of the Act;

(iv) while the person was driving a motor vehicle to which section 79(2B) of the Act applies;

(v) during a period for which the person had agreed, under section 25(2)(b), to be of good behaviour while driving;

(vi) after the person had been given a notice to choose, but before the person had chosen as mentioned in section 25(2) in relation to the notice; or

(c) within 5 years before the relevant charge for the suspended licence--

(i) a Queensland driver licence held by the person had been suspended or cancelled, or the person had been disqualified from holding or obtaining a Queensland driver licence; or

(ii) an authority to drive on Queensland roads under a non-Queensland driver licence previously held by the person had been suspended; or

(iii) the person was made ineligible to hold a Queensland driver licence under section 28(2) or 30C; or

(iv) the person had been convicted--

(A) of an offence against section 79 or 80(11) of the Act; or

(B) of an offence against the Criminal Code, section 328A; or

(C) outside Queensland of an offence that if committed in Queensland would be an offence against section 79 or 80(11) of the Act.

(3) In subsection (2)(c)(i), the reference to a suspension, cancellation or disqualification does not include the following--

(a) a suspension under section 79(9) of the Act;

(b) a suspension under section 79B(2) of the Act;

(c) a 24 hour suspension under section 80(22AA) of the Act;

(d) a suspension or cancellation that was set aside under section 38(4);

(e) a suspension, cancellation or disqualification that was set aside on appeal;

(f) a suspension, cancellation or disqualification because of the person's mental or physical incapacity;

(g) a suspension under the State Penalties Enforcement Act 1999, section 105.