sec.217Category A driver disqualifying offence

### sec.217 Category A driver disqualifying offence Subject to subsection (3), for the purposes of a reference in this Act to a category A driver disqualifying offence, it is declared that— the reference includes a reference to a new category A driver disqualifying offence whether the offence was or is committed before or after the commencement; and a reference to a conviction of the offence includes a conviction of a new category A driver disqualifying offence whether the conviction happened before or after the commencement. The following paragraphs apply to a person who has been convicted of a new category A driver disqualifying offence before the commencement— if the person has applied for the grant or renewal of driver authorisation before the commencement and the application has not been finalised— the application is terminated on the commencement; and the chief executive must refund to the applicant the application fee for the application; if the person has applied for an internal or external review of a decision of the chief executive relating to a refusal to grant or renew driver authorisation under section 28B because of the conviction and the review has not been decided on the commencement—the application for review is taken to have been withdrawn on the commencement; if, immediately before the commencement, the person has an entitlement to have driver authorisation granted or renewed under a decision of the chief executive or QCAT under a review of the decision of the chief executive—the entitlement is extinguished on the commencement; the person is not eligible to apply for driver authorisation, or a renewal of driver authorisation, after the commencement. If a person who has been convicted of a new category A driver disqualifying offence before the commencement holds driver authorisation on the commencement, subsection (1) does not apply in relation to the person for the term of the authorisation. In this section— new category A driver disqualifying offence means an offence that is a category A disqualifying offence but, immediately before the commencement, was not a category A disqualifying offence. Generally speaking, new category A driver disqualifying offences relate to attempted rape of an adult. s 217 ins 2017 No. 25 s 68 (sec.217-ssec.1) Subject to subsection (3), for the purposes of a reference in this Act to a category A driver disqualifying offence, it is declared that— the reference includes a reference to a new category A driver disqualifying offence whether the offence was or is committed before or after the commencement; and a reference to a conviction of the offence includes a conviction of a new category A driver disqualifying offence whether the conviction happened before or after the commencement. (sec.217-ssec.2) The following paragraphs apply to a person who has been convicted of a new category A driver disqualifying offence before the commencement— if the person has applied for the grant or renewal of driver authorisation before the commencement and the application has not been finalised— the application is terminated on the commencement; and the chief executive must refund to the applicant the application fee for the application; if the person has applied for an internal or external review of a decision of the chief executive relating to a refusal to grant or renew driver authorisation under section 28B because of the conviction and the review has not been decided on the commencement—the application for review is taken to have been withdrawn on the commencement; if, immediately before the commencement, the person has an entitlement to have driver authorisation granted or renewed under a decision of the chief executive or QCAT under a review of the decision of the chief executive—the entitlement is extinguished on the commencement; the person is not eligible to apply for driver authorisation, or a renewal of driver authorisation, after the commencement. (sec.217-ssec.3) If a person who has been convicted of a new category A driver disqualifying offence before the commencement holds driver authorisation on the commencement, subsection (1) does not apply in relation to the person for the term of the authorisation. (sec.217-ssec.4) In this section— new category A driver disqualifying offence means an offence that is a category A disqualifying offence but, immediately before the commencement, was not a category A disqualifying offence. Generally speaking, new category A driver disqualifying offences relate to attempted rape of an adult. - (a) the reference includes a reference to a new category A driver disqualifying offence whether the offence was or is committed before or after the commencement; and - (b) a reference to a conviction of the offence includes a conviction of a new category A driver disqualifying offence whether the conviction happened before or after the commencement. - (a) if the person has applied for the grant or renewal of driver authorisation before the commencement and the application has not been finalised— (i) the application is terminated on the commencement; and (ii) the chief executive must refund to the applicant the application fee for the application; - (i) the application is terminated on the commencement; and - (ii) the chief executive must refund to the applicant the application fee for the application; - (b) if the person has applied for an internal or external review of a decision of the chief executive relating to a refusal to grant or renew driver authorisation under section 28B because of the conviction and the review has not been decided on the commencement—the application for review is taken to have been withdrawn on the commencement; - (c) if, immediately before the commencement, the person has an entitlement to have driver authorisation granted or renewed under a decision of the chief executive or QCAT under a review of the decision of the chief executive—the entitlement is extinguished on the commencement; - (d) the person is not eligible to apply for driver authorisation, or a renewal of driver authorisation, after the commencement. - (i) the application is terminated on the commencement; and - (ii) the chief executive must refund to the applicant the application fee for the application;