Queensland Consolidated Acts

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

91N Prescribed period

(1) The
"prescribed period" for a person is the period of 12 months during which—

(a) the person held a valid Queensland driver licence and had—

(i) a nominated vehicle fitted with a prescribed interlock; or

(ii) an interlock exemption that had effect; or

(b) the person, while driving under the authority of a valid non-Queensland driver licence—

(i) complied with a non-Queensland interlock requirement; or

(ii) had an exemption from the non-Queensland interlock requirement that had effect; or

(c) the person satisfied paragraph (a) for part of the period and satisfied paragraph (b) for the balance of the period.

Example—

The prescribed period may comprise 3 months during which the person satisfies paragraph (a) (i) , 3 months during which the person satisfies paragraph (a) (ii) , 3 months during which the person satisfies paragraph (b) (i) and 3 months during which the person satisfies paragraph (b) (ii) .

(2) However, if a person’s prescribed period is extended under division 4 , the prescribed period for the person is the period comprising—

(a) the period of 12 months mentioned in subsection (1) ; and

(b) each period—

(i) by which the period mentioned in subsection (1) is extended under division 4 ; and

(ii) during which the person meets the requirements of subsection (1) (a) , (b) or (c) .

Example—

If a person’s prescribed period is extended under division 4 for a period of 4 months, the person’s prescribed period is the period of 16 months during which the person meets the requirements of subsection (1) (a) , (b) or (c) .

(3) The prescribed period need not be continuous.

(4) In this section—

"valid" means—

(a) in relation to a Queensland driver licence other than a restricted licence—

(i) the licence has not expired; or

(ii) the licence has not been cancelled, suspended or surrendered; or

(iii) the licensee is not disqualified from holding or obtaining a Queensland driver licence; or

(ab) in relation to a restricted licence—

(i) the licence has not expired; or

(ii) the licence has not been cancelled, suspended or surrendered; or

(iii) the licensee is not, after the restricted licence is granted, disqualified from holding or obtaining a Queensland driver licence because of a conviction for another offence; or

(b) in relation to a non-Queensland driver licence—

(i) the licence has not expired; or

(ii) the licence has not been cancelled or suspended; or

(iii) the licensee is not disqualified from holding or obtaining the licence in the jurisdiction in which it may be issued.