sec.202EOther limitations on ordering a restricted licence

### sec.202E Other limitations on ordering a restricted licence An application for an order under section 202D for the grant of a restricted licence must not be granted unless the applicant satisfies the court that— the applicant is a fit and proper person to hold a restricted licence, having regard to the safety of other operators of ships and the public generally; and a refusal would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of his or her means of earning his or her livelihood; and the disqualification for which the application is made resulted from the applicant’s conviction for an offence committed when the applicant held a licence; and the applicant was the holder of a licence immediately before the disqualification in relation to which the application is made; and none of the circumstances mentioned in subsection (2) apply to the applicant. For subsection (1) (e) , the application must not be granted in any of the following circumstances— if, within 5 years before making the application for the order under section 202D including any period before the commencement of this section, either of the following happened— the applicant was disqualified from holding or obtaining a licence; a licence held by the applicant was suspended or cancelled; if the applicant was previously convicted— in Queensland of an offence mentioned in section 202A (1) (a) ; or elsewhere of any offence that, if committed in Queensland, would be an offence mentioned in section 202A (1) (a) ; within a period of 5 years before the conviction that results in the disqualification for which the application is made, including any period before the commencement of this section; if the disqualification for which the application is made resulted from a conviction of the applicant for any of the following— an offence committed when the applicant was engaged in an activity directly connected with the applicant’s means of earning his or her livelihood; an offence committed by the applicant operating a ship when not holding a licence the applicant was required to hold; an offence committed at a time when the applicant was the holder of a restricted licence; if— the disqualification for which the application is made resulted from the applicant’s conviction for an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 (1F) or (2) ; and the applicant is a person to whom section 79 (2D) of that Act would have applied apart from the fact that the person was over the general alcohol limit under that Act. For subsection (1) (b) , if the applicant is not self-employed, the applicant must produce to the court an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning his or her livelihood if the application is refused. In subsection (2) (a) , the reference to a disqualification, suspension or cancellation does not include— a disqualification, suspension or cancellation that was set aside on appeal; or a disqualification, suspension or cancellation because of the applicant’s mental or physical disability. Also, in subsection (2) (a) , the reference to a licence includes a licence of a type or class that is no longer a type or class of licence granted under this Act. s 202E ins 2006 No. 21 s 91 amd 2011 No. 12 s 72 ; 2016 No. 3 s 58 (sec.202E-ssec.1) An application for an order under section 202D for the grant of a restricted licence must not be granted unless the applicant satisfies the court that— the applicant is a fit and proper person to hold a restricted licence, having regard to the safety of other operators of ships and the public generally; and a refusal would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of his or her means of earning his or her livelihood; and the disqualification for which the application is made resulted from the applicant’s conviction for an offence committed when the applicant held a licence; and the applicant was the holder of a licence immediately before the disqualification in relation to which the application is made; and none of the circumstances mentioned in subsection (2) apply to the applicant. (sec.202E-ssec.2) For subsection (1) (e) , the application must not be granted in any of the following circumstances— if, within 5 years before making the application for the order under section 202D including any period before the commencement of this section, either of the following happened— the applicant was disqualified from holding or obtaining a licence; a licence held by the applicant was suspended or cancelled; if the applicant was previously convicted— in Queensland of an offence mentioned in section 202A (1) (a) ; or elsewhere of any offence that, if committed in Queensland, would be an offence mentioned in section 202A (1) (a) ; within a period of 5 years before the conviction that results in the disqualification for which the application is made, including any period before the commencement of this section; if the disqualification for which the application is made resulted from a conviction of the applicant for any of the following— an offence committed when the applicant was engaged in an activity directly connected with the applicant’s means of earning his or her livelihood; an offence committed by the applicant operating a ship when not holding a licence the applicant was required to hold; an offence committed at a time when the applicant was the holder of a restricted licence; if— the disqualification for which the application is made resulted from the applicant’s conviction for an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 (1F) or (2) ; and the applicant is a person to whom section 79 (2D) of that Act would have applied apart from the fact that the person was over the general alcohol limit under that Act. (sec.202E-ssec.3) For subsection (1) (b) , if the applicant is not self-employed, the applicant must produce to the court an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning his or her livelihood if the application is refused. (sec.202E-ssec.4) In subsection (2) (a) , the reference to a disqualification, suspension or cancellation does not include— a disqualification, suspension or cancellation that was set aside on appeal; or a disqualification, suspension or cancellation because of the applicant’s mental or physical disability. (sec.202E-ssec.5) Also, in subsection (2) (a) , the reference to a licence includes a licence of a type or class that is no longer a type or class of licence granted under this Act. - (a) the applicant is a fit and proper person to hold a restricted licence, having regard to the safety of other operators of ships and the public generally; and - (b) a refusal would cause extreme hardship to the applicant, or the applicant’s family, by depriving the applicant of his or her means of earning his or her livelihood; and - (c) the disqualification for which the application is made resulted from the applicant’s conviction for an offence committed when the applicant held a licence; and - (d) the applicant was the holder of a licence immediately before the disqualification in relation to which the application is made; and - (e) none of the circumstances mentioned in subsection (2) apply to the applicant. - (a) if, within 5 years before making the application for the order under section 202D including any period before the commencement of this section, either of the following happened— (i) the applicant was disqualified from holding or obtaining a licence; (ii) a licence held by the applicant was suspended or cancelled; - (i) the applicant was disqualified from holding or obtaining a licence; - (ii) a licence held by the applicant was suspended or cancelled; - (b) if the applicant was previously convicted— (i) in Queensland of an offence mentioned in section 202A (1) (a) ; or (ii) elsewhere of any offence that, if committed in Queensland, would be an offence mentioned in section 202A (1) (a) ; within a period of 5 years before the conviction that results in the disqualification for which the application is made, including any period before the commencement of this section; - (i) in Queensland of an offence mentioned in section 202A (1) (a) ; or - (ii) elsewhere of any offence that, if committed in Queensland, would be an offence mentioned in section 202A (1) (a) ; - (c) if the disqualification for which the application is made resulted from a conviction of the applicant for any of the following— (i) an offence committed when the applicant was engaged in an activity directly connected with the applicant’s means of earning his or her livelihood; (ii) an offence committed by the applicant operating a ship when not holding a licence the applicant was required to hold; (iii) an offence committed at a time when the applicant was the holder of a restricted licence; - (i) an offence committed when the applicant was engaged in an activity directly connected with the applicant’s means of earning his or her livelihood; - (ii) an offence committed by the applicant operating a ship when not holding a licence the applicant was required to hold; - (iii) an offence committed at a time when the applicant was the holder of a restricted licence; - (d) if— (i) the disqualification for which the application is made resulted from the applicant’s conviction for an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 (1F) or (2) ; and (ii) the applicant is a person to whom section 79 (2D) of that Act would have applied apart from the fact that the person was over the general alcohol limit under that Act. - (i) the disqualification for which the application is made resulted from the applicant’s conviction for an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 (1F) or (2) ; and - (ii) the applicant is a person to whom section 79 (2D) of that Act would have applied apart from the fact that the person was over the general alcohol limit under that Act. - (i) the applicant was disqualified from holding or obtaining a licence; - (ii) a licence held by the applicant was suspended or cancelled; - (i) in Queensland of an offence mentioned in section 202A (1) (a) ; or - (ii) elsewhere of any offence that, if committed in Queensland, would be an offence mentioned in section 202A (1) (a) ; - (i) an offence committed when the applicant was engaged in an activity directly connected with the applicant’s means of earning his or her livelihood; - (ii) an offence committed by the applicant operating a ship when not holding a licence the applicant was required to hold; - (iii) an offence committed at a time when the applicant was the holder of a restricted licence; - (i) the disqualification for which the application is made resulted from the applicant’s conviction for an offence against the Transport Operations (Road Use Management) Act 1995 , section 79 (1F) or (2) ; and - (ii) the applicant is a person to whom section 79 (2D) of that Act would have applied apart from the fact that the person was over the general alcohol limit under that Act. - (a) a disqualification, suspension or cancellation that was set aside on appeal; or - (b) a disqualification, suspension or cancellation because of the applicant’s mental or physical disability.