Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 91Q

91Q Deciding application for interlock exemption

(1) The chief executive must, subject to section 163B (4) —

(a) decide an application for an interlock exemption within the prescribed 28-day period; and

(b) grant or refuse to grant the exemption.

(2) If the chief executive grants the exemption, the chief executive may impose restrictions applying to the exemption.

(3) The chief executive may only grant an interlock exemption if the chief executive is satisfied—

(a) that one of the following applies in relation to the applicant’s principal place of residence (the
"applicant’s residence" )—

(i) the shortest reasonable distance, or shortest reasonable travelling time, using a motor vehicle, between the applicant’s residence and the nearest place of business of a prescribed interlock installer (the
"nearest place of business" ) is greater than the distance or time prescribed under a regulation;

(ii) the applicant’s residence is at a location, prescribed under a regulation, from which the nearest place of business is not reasonably accessible using a motor vehicle; or

(iii) the applicant’s residence is outside both of the following—

(A) a radius prescribed under a regulation from the nearest place of business;

(B) an area in which a prescribed interlock installer provides or operates a mobile service for the installation of interlocks; or

(b) that, as evidenced by a doctor’s certificate provided to the chief executive, the applicant has a medical condition preventing the applicant from providing a sufficient breath sample to operate an approved interlock; or

(c) of another matter prescribed under a regulation for this subsection.

(4) If the chief executive does not decide the application within the prescribed 28-day period, the chief executive is taken to have made a decision (a
"deemed decision" ) refusing to grant the exemption on the last day of the period.

(5) Despite subsection (4) , the chief executive may continue to consider the application and make a considered decision in relation to it.

(6) If a considered decision is made, the considered decision replaces any deemed decision for the purposes of this Act.

(7) As soon as practicable after a deemed decision or considered decision is made, the chief executive must give the applicant a written notice stating—

(a) the prescribed review information for the decision; and

(b) for a considered decision, the reasons for the decision.

Note—

Sections 65 and 65A provide for the review of the decision.

(8) In this section—

"considered decision" means a decision in accordance with subsection (3) .

"prescribed 28-day period" means the later of the following periods—

(a) 28 days after the chief executive receives the application;

(b) 28 days after the chief executive receives further information or documents about the application requested under section 163B (1) .