Queensland Consolidated Acts

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

91H Grounds for granting exemption

(1) The chief executive may grant an exemption the subject of an exemption application only if the chief executive is satisfied—

(a) it would be unreasonable to require the applicant to complete a repeat offender education program having regard to the way the program is provided and the applicant’s ability to access the program; or

(b) a refusal to grant the exemption would cause the applicant severe hardship within the meaning prescribed by regulation.

(2) If repeat offender education programs are provided at 1 or more places and are not provided online, the chief executive may be satisfied of the matter mentioned in subsection (1) (a) only if—

(a) the shortest reasonable distance, or shortest reasonable travelling time, using a motor vehicle, between the applicant’s principal place of residence and the nearest place where a repeat offender education program is provided is greater than the distance or time prescribed by regulation; or

(b) the applicant’s principal place of residence is at a location, prescribed by regulation, from which the nearest place where a repeat offender education program is provided is not reasonably accessible using a motor vehicle; or

(c) the applicant’s principal place of residence is outside both of the following—

(i) a radius prescribed by regulation from the nearest place where a repeat offender education program is provided;

(ii) an area in which a service provider provides a repeat offender education program on a mobile basis.

(3) If repeat offender education programs are provided only online, the chief executive may be satisfied of the matter mentioned in subsection (1) (a) only if the applicant does not have reasonable access to the internet.

(4) If repeat offender education programs are provided at 1 or more places and online, the chief executive may be satisfied of the matter mentioned in subsection (1) (a) only if—

(a) subsection (2) (a) , (b) or (c) is satisfied for the person in relation to the places at which the program is provided; and

(b) the applicant does not have reasonable access to the internet.