QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.126Fraud and unlawful possession of licences
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### sec.126 Fraud and unlawful possession of licences
A person shall not—
without lawful excuse (the proof of which shall be upon the person) have in the person’s possession—
any licence; or
any article resembling a licence and calculated to deceive; or
any document which was formerly a licence, but which is void, cancelled, suspended, or surrendered; or
forge, or without lawful excuse (the proof of which shall be upon the person) use, lend, or permit or allow to be used by any other person any licence; or
unless the person is authorised by or under this Act or is a person acting under the direction of the chief executive or the commissioner or a judge of the Supreme Court or District Court or justices, make or cause or permit or allow to be made any endorsement or any addition or alteration or erasure whatsoever on or from a licence.
Maximum penalty—40 penalty units or 6 months imprisonment.
Any licence obtained by any false statement or misrepresentation shall be null and void.
In this section—
licence does not include an accreditation under the Tow Truck Act 2023 .
s 126 (prev 1949 13 Geo 6 No. 26 s 53) amd 1961 10 Eliz 2 No. 27 s 29; 1984 No. 102 s 22 ; 1990 No. 73 s 3 sch 5 ; 1990 No. 103 s 2 .16; 1994 No. 7 s 3 sch ; 1999 No. 42 s 54 (1) sch amdt 132
reloc 1999 No. 42 s 54 (1) sch amdt 153
amd 2014 No. 43 s 117 sch 1 ; 2023 No. 28 s 209
(sec.126-ssec.1) A person shall not— without lawful excuse (the proof of which shall be upon the person) have in the person’s possession— any licence; or any article resembling a licence and calculated to deceive; or any document which was formerly a licence, but which is void, cancelled, suspended, or surrendered; or forge, or without lawful excuse (the proof of which shall be upon the person) use, lend, or permit or allow to be used by any other person any licence; or unless the person is authorised by or under this Act or is a person acting under the direction of the chief executive or the commissioner or a judge of the Supreme Court or District Court or justices, make or cause or permit or allow to be made any endorsement or any addition or alteration or erasure whatsoever on or from a licence. Maximum penalty—40 penalty units or 6 months imprisonment.
(sec.126-ssec.2) Any licence obtained by any false statement or misrepresentation shall be null and void.
(sec.126-ssec.3) In this section— licence does not include an accreditation under the Tow Truck Act 2023 .
- (a) without lawful excuse (the proof of which shall be upon the person) have in the person’s possession— (i) any licence; or (ii) any article resembling a licence and calculated to deceive; or (iii) any document which was formerly a licence, but which is void, cancelled, suspended, or surrendered; or
- (i) any licence; or
- (ii) any article resembling a licence and calculated to deceive; or
- (iii) any document which was formerly a licence, but which is void, cancelled, suspended, or surrendered; or
- (b) forge, or without lawful excuse (the proof of which shall be upon the person) use, lend, or permit or allow to be used by any other person any licence; or
- (c) unless the person is authorised by or under this Act or is a person acting under the direction of the chief executive or the commissioner or a judge of the Supreme Court or District Court or justices, make or cause or permit or allow to be made any endorsement or any addition or alteration or erasure whatsoever on or from a licence.
- (i) any licence; or
- (ii) any article resembling a licence and calculated to deceive; or
- (iii) any document which was formerly a licence, but which is void, cancelled, suspended, or surrendered; or