Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 127

127 Effect of disqualification

(1) Where under this or any other Act a judge of the Supreme Court or District Court or justices orders or order that any person shall be disqualified absolutely from holding or obtaining a licence of any kind, class or description (other than a Queensland driver licence), each subsisting such licence held by that person shall, by virtue of such order, be and be deemed to be cancelled on and from the date upon which that person became so disqualified.

(2) Where under this or any other Act a judge of the Supreme Court or District Court or justices orders or order that any person shall be disqualified for a specified period from holding or obtaining a licence of any kind, class or description (other than a Queensland driver licence), each subsisting such licence held by that person shall by virtue of the order, where such licence—

(a) would expire during the period of disqualification so ordered, be and be deemed to be cancelled on and from the date upon which that person became so disqualified; or

(b) would not expire during the period of disqualification so ordered, be and be deemed to be suspended on and from the date upon which that person became so disqualified and thereafter until the expiration of the period of disqualification specified in the order.

(2A) Where under this or any other Act a judge of the Supreme Court or District Court or justices orders or order that any person shall be disqualified absolutely or for a specified period from holding or obtaining a Queensland driver licence, each subsisting Queensland driver licence held by that person shall, by virtue of such order, be and be deemed to be cancelled on and from the date upon which that person became so disqualified.

(3) Where under any provision of this Act a conviction for an offence disqualifies any person from holding or obtaining a Queensland driver licence for any period therein specified and no order of disqualification has been made upon such conviction, each and every subsisting Queensland driver licence held by that person shall, by virtue of such conviction, be and be deemed to be cancelled on and from the date of such conviction.

(3A) If, under a law of another State, a person is disqualified absolutely or for a specified period from holding or obtaining a driver licence in the other State, each subsisting Queensland driver licence held by the person is, by virtue of the disqualification, cancelled on and from the date the person became disqualified.

(4) Suspension under this Act of any licence—

(a) shall, whilst such licence is so suspended, have the same effect as the cancellation of the licence; and

(b) shall, whilst such licence is so suspended, disqualify the person who held that licence from holding or obtaining a licence of the same kind, class, or description; and

(c) (if the period of such suspension is less than the period during which that licence ordinarily would have remained in force) shall not, upon the termination of that suspension, extend the period during which that licence thereafter remains in force beyond the period during which that licence would have remained in force if it had not been so suspended.

(5) Any cancellation or suspension of a Queensland driver licence shall apply and extend to such licence and to every other Queensland driver licence authorising the person in question to drive any vehicle.

(6) A person shall not apply for or obtain a Queensland driver licence or licence of any other kind, class, or description at a time when the person is disqualified—

(a) by this Act; or

(b) by an order made under this or any other Act (including any Act of a State or Territory or any other country);

from holding or obtaining a driver licence or, as the case may be, licence of that other kind, class, or description.

(7) The provisions of subsection (6) do not apply to a person who in accordance with this Act applies for or obtains—

(a) a restricted licence under an order made under section 87 ; or

(b) a replacement licence under section 79F .

(7A) Also, subsection (6) does not apply to a person subject to a non-Queensland interlock requirement who, under this Act, applies for or obtains a Queensland driver licence subject to an interlock condition under section 91K .

(8) A person who applies for or obtains a licence in contravention of subsection (6) shall be guilty of an offence.

Penalty—

Maximum penalty—

(a) for a Queensland driver licence—20 penalty units or 18 months imprisonment; or

(b) for another licence—40 penalty units.

(10) In determining the punishment to be imposed on a person who is guilty of an offence under subsection (8) where the licence applied for or obtained in contravention hereof is a Queensland driver licence, the justices shall have regard to—

(a) the whole of the circumstances of the case, including circumstances of aggravation or mitigation; and

(b) the interest of the public; and

(c) the criminal and traffic history of the offender; and

(d) all matters before them in relation to the medical history of the offender or the offender’s physical or mental capacity that are considered by them to be relevant in the circumstances; and

(e) such other matters that are considered by them to be relevant in the circumstances.

(11) Notwithstanding that, at the time of the commission of an offence under subsection (8) where the licence applied for or obtained in contravention hereof is a Queensland driver licence, the person who committed the offence is disqualified by this Act or by an order made under this or any other Act from holding or obtaining a Queensland driver licence, the justices before whom the person is convicted of the offence, whether or not any other sentence is imposed, shall order that the person shall, on and from the date of the conviction, be disqualified absolutely from holding or obtaining a Queensland driver licence, and the person shall thereupon be so disqualified under and in accordance with that order.

(12) Any Queensland driver licence or licence of any other kind, class, or description, obtained by any person or issued to the person at any time when the person is disqualified—

(a) by this Act; or

(b) by an order made under this or any other Act (including any Act of a State or Territory or any other country);

from holding or obtaining a driver licence or, as the case may be, licence of that other kind, class, or description shall be absolutely void and of no legal effect whatsoever.

(13) The provisions of subsection (12) do not apply to either of the following obtained by or issued to any person—

(a) a restricted licence under an order made under section 87 ;

(b) a replacement licence under section 79F .

(13A) Also, subsection (12) does not apply to a person subject to a non-Queensland interlock requirement who, under this Act, applies for or obtains a Queensland driver licence subject to an interlock condition under section 91K .

(14) Subsection (12) shall be read so as not to affect the liability (if any) of that person to punishment under any other provision of this Act or under any other Act in respect of anything done or omitted to be done by the person in relation to the obtaining of the licence in question.