Queensland Consolidated Regulations Queensland Consolidated Regulations(1) A person who has a suspended open or provisional licence is eligible to apply for a special hardship order if the application relates to a licence of the same class as the suspended open or provisional licence.
(2) A person who has a suspended open or provisional licence is not eligible to apply for a special hardship order if, within 5 years before the licence became a suspended open or provisional licence--
(a) 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
(b) an authority to drive on Queensland roads under a non-Queensland driver licence previously held by the person had been suspended; or
(c) the person was made ineligible to hold a Queensland driver licence under section 28(2) or 30C; or
(d) the person had been convicted of an offence against the Criminal Code, section 328A.
(3) In subsection (2)(a), 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, cancellation or disqualification that was set aside under section 38(4);
(e) a suspension, cancellation or disqualification that was set aside on appeal other than under--
(i) section 29 of this regulation as in force before the commencement of this section; or
(ii) section 30D of this regulation as in force before the commencement of this section;
(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.