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

Definitions for ss 90B–90D

90A Definitions for ss 90B–90D

In sections 90B to 90D

"dangerous driving offence" means an offence against the Criminal Code , section 328A (1) or (4) if the offence is accompanied by a circumstance of aggravation that, at the time of committing the offence, the person charged with the offence was adversely affected by an intoxicating substance.

"designated offence" means—

(a) an offence against—
(i) section 79 (1) , (1F) , (2) or (2AA) , to the extent it involves a motor vehicle; or
(ii) section 79 (2A) , (2B) , (2J) , (2K) or (2L) ; or
(iii) section 80 (11) ; or
(iv) section 91W (1) for which paragraph (a) (i) or (ii) of the penalty for the offence applies; or
(v) section 91X (1) ; or
(b) a dangerous driving offence.

"disqualified" means disqualified from holding or obtaining a Queensland driver licence.
Note—
See section 127 (4) which provides for the effect of a suspension under this Act of any licence.

"drink driving offence" means—
(a) an offence against—
(i) section 78 (1) ; or
(ii) section 79 (1) , (1F) , (2) or (2AA) , to the extent it involves a motor vehicle; or
(iii) section 79 (2A) , (2B) , (2J) , (2K) or (2L) ; or
(iv) section 80 (11) ; or
(v) section 87 (10) ; or
(vi) section 91W (1) for which paragraph (a) (i) or (ii) of the penalty for the offence applies; or
(vii) section 91X (1) ; or
(viii) a provision of a regulation under section 79E (4) for failing to comply with an order under section 79E (2) ; or
(b) a dangerous driving offence.

"relevant disqualifying provision" means—
(a) section 78 (3) (i) ; or
(b) section 81 ; or
(c) section 86 ; or
(d) section 87 (10A) (b) ; or
(e) section 91W (2) ; or
(f) section 91X (2) ; or
(g) a provision of a regulation under section 79E (4) providing for the disqualification of a person for failing to comply with an order under section 79E (2) ; or
(h) the Penalties and Sentences Act 1992 , section 187 .

"section 89 disqualification" means a disqualification ordered by a court under section 89 as a result of being charged with, but not convicted of, a dangerous driving offence.

"section 90 disqualification" means a disqualification ordered by a court under section 90 as a result of being charged with, but not convicted of, a dangerous driving offence or an offence against section 79 .



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