sec.131Reviews and appeals with respect to issue of licences etc.

### sec.131 Reviews and appeals with respect to issue of licences etc. This section does not apply in relation to a licence that is suspended under the State Penalties Enforcement Act 1999 . A person aggrieved by the refusal of the chief executive or commissioner or of a superintendent to issue or renew a licence, or by the suspension or cancellation of a licence by the chief executive or commissioner, or by the imposition of a condition in respect of a licence by or by direction of the chief executive or commissioner or a superintendent may apply, as provided under the QCAT Act , to QCAT for a review of the refusal, suspension, cancellation or imposition. Subsection (2) does not apply to a refusal, suspension, cancellation or imposition that is a licensing decision. A person aggrieved by a decision of the chief executive on a reconsideration of a licensing decision may apply to QCAT for a review of the decision on the reconsideration. Despite the QCAT Act , a decision of QCAT on review under subsection (2) or (4) is final and binding and without further appeal under that Act. Subsection (7) applies to a review of any of the following decisions to suspend or cancel a licence, unless the reason, or 1 of the reasons, for the suspension or cancellation is the mental or physical incapacity of the applicant— a decision to which subsection (2) applies and that involves the suspension or cancellation of a licence of the applicant other than a Queensland driver licence; a decision of the chief executive on a reconsideration of a decision to suspend or cancel the applicant’s Queensland driver licence. On the making of the application for review, the cancellation or suspension is suspended pending the finalisation of the review but, subject to QCAT’s decision on the review, the cancellation or suspension takes effect from the date of the finalisation of the review for the part of the period for which it was made that had not expired when the review started. If the reason, or 1 of the reasons, for the suspension or cancellation of the licence is the licence holder’s mental or physical incapacity, QCAT can not make an order staying the operation of the suspension or cancellation. Subsections (2) to (8) must be read and construed so that a review does not lie under subsection (2) or (4) — in respect of the cancellation or suspension of a Queensland driver licence by reason of the disqualification from holding or obtaining that licence of the licensee upon conviction or by order of a judge of the Supreme Court or District Court or of the court; or in respect of the cancellation or suspension of a licence by or at or pursuant to the order or direction of a judge of the Supreme Court or District Court or of the court under any provision of this Act or under any other Act or law; or in respect of the refusal to issue or renew a licence or a suspension or cancellation of a licence or the imposition of a condition in respect of a licence if provision is made elsewhere in this Act for or in respect of such a review; or in respect of the suspension of a Queensland driver licence of a person because of the allocation of demerit points; or in respect of the suspension of a Queensland driver licence of a person who has been convicted of an offence against a regulation for driving more than 40km/h over the speed limit. A person who has been disqualified, by operation of law or an order, from holding or obtaining a Queensland driver licence absolutely or for a period of more than 2 years, may, at any time after the expiration of 2 years from the start of the disqualification period, apply for the disqualification to be removed. The application for the disqualification to be removed must be made to— if the disqualification was ordered by a judge of the Supreme Court—a judge of the Supreme Court; or if the disqualification was ordered by a judge of the District Court—a judge of the District Court; or if the disqualification was not ordered by a judge of the Supreme or District Court— if the person lives in Queensland—the Magistrates Court exercising jurisdiction at the place where the person lives; or if the person lives outside Queensland—the Magistrates Court, central division of the Brisbane district. Notice of any such application shall be given to the commissioner or to any police officer authorised by the commissioner to receive such notices, who shall be entitled to appear and be heard and to give and produce evidence at the hearing of such application for or against the granting of the application. The notice required by subsection (12) to be given shall be given at least 28 clear days prior to the date of hearing of such application. Upon hearing any such application the judge of the Supreme Court or District Court or justices constituting the court may, as is thought proper, having regard to the character of the person disqualified and the person’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order or refuse the application. Where an application under subsection (10) is refused, a further application hereunder shall not be entertained if made within 1 year after the date of the refusal. If an order is made under subsection (10) for the removal of a disqualification, the judge or justices have power to order the applicant to pay the whole or any part of the costs of the application. Particulars of the result of any application made under subsection (10) shall be transmitted by the registrar of the Supreme Court or District Court or the clerk of the court concerned to the commissioner. A person who by virtue of an order of a judge of the Supreme Court or District Court or justices made under this or any other Act is disqualified from holding or obtaining a licence may appeal against the order in the same manner as against a conviction recorded against the person by that judge or the justices and the Supreme Court or District Court in determining the appeal may, as is thought proper, having regard to the circumstances of the case, either by order remove the disqualification as from such date as may be specified in that order or dismiss the appeal. A memorandum of the determination of the appeal shall be transmitted by the registrar of the Supreme Court or, as the case may be, District Court to the commissioner. Where a person has, following upon a conviction, been disqualified from holding or obtaining a Queensland driver licence and has commenced an appeal against that conviction, that disqualification shall, upon the commencement of that appeal, and without further order in that behalf, be suspended pending the determination of that appeal. However, subject to any decision of a court upon that appeal, that portion of the period of disqualification which had not expired when such suspension began to operate shall take effect from the date of determination of that appeal. Where on an appeal a conviction against any person for an offence against this or any other Act is quashed, any disqualification of that person from the holding or obtaining of a licence by that conviction without any specific order of disqualification having been made by a judge of the Supreme Court or District Court or justices shall thereupon be removed without any specific order being required for that purpose and without further or other authority than this Act. Where under the authority of this or any other Act an order is made by a judge of the Supreme Court or District Court or justices disqualifying a person from holding or obtaining any licence such order shall be valid and effective notwithstanding that no application was made for that purpose or that the person so disqualified was not present or was not called upon to show cause against the making thereof. In this section— licence does not include an accreditation under the Tow Truck Act 2023 . licensing decision means a decision of the chief executive to— refuse to grant or renew the person’s Queensland driver licence; or amend, suspend or cancel the person’s Queensland driver licence; or immediately amend or suspend the person’s Queensland driver licence; or impose a condition on a Queensland driver licence. s 131 (prev 1949 13 Geo 6 No. 26 s 57) amd 1961 10 Eliz 2 No. 27 s 33; 1968 No. 22 s 10 ; 1977 No. 35 s 2 ; 1982 No. 15 s 14 ; 1990 No. 103 s 2 .22; 1994 No. 7 s 3 sch ; 1994 No. 87 s 3 sch 1 ; 1997 No. 66 s 32 ; 1999 No. 42 s 54 (1) sch amdt 149 reloc 1999 No. 42 s 54 (1) sch amdt 153 amd 1999 No. 70 s 166 sch 1 ; 2002 No. 71 s 25 ; 2007 No. 6 s 62A ; 2009 No. 24 s 1789 ; 2019 No. 25 s 42 ; 2023 No. 28 s 210 (sec.131-ssec.1) This section does not apply in relation to a licence that is suspended under the State Penalties Enforcement Act 1999 . (sec.131-ssec.2) A person aggrieved by the refusal of the chief executive or commissioner or of a superintendent to issue or renew a licence, or by the suspension or cancellation of a licence by the chief executive or commissioner, or by the imposition of a condition in respect of a licence by or by direction of the chief executive or commissioner or a superintendent may apply, as provided under the QCAT Act , to QCAT for a review of the refusal, suspension, cancellation or imposition. (sec.131-ssec.3) Subsection (2) does not apply to a refusal, suspension, cancellation or imposition that is a licensing decision. (sec.131-ssec.4) A person aggrieved by a decision of the chief executive on a reconsideration of a licensing decision may apply to QCAT for a review of the decision on the reconsideration. (sec.131-ssec.5) Despite the QCAT Act , a decision of QCAT on review under subsection (2) or (4) is final and binding and without further appeal under that Act. (sec.131-ssec.6) Subsection (7) applies to a review of any of the following decisions to suspend or cancel a licence, unless the reason, or 1 of the reasons, for the suspension or cancellation is the mental or physical incapacity of the applicant— a decision to which subsection (2) applies and that involves the suspension or cancellation of a licence of the applicant other than a Queensland driver licence; a decision of the chief executive on a reconsideration of a decision to suspend or cancel the applicant’s Queensland driver licence. (sec.131-ssec.7) On the making of the application for review, the cancellation or suspension is suspended pending the finalisation of the review but, subject to QCAT’s decision on the review, the cancellation or suspension takes effect from the date of the finalisation of the review for the part of the period for which it was made that had not expired when the review started. (sec.131-ssec.8) If the reason, or 1 of the reasons, for the suspension or cancellation of the licence is the licence holder’s mental or physical incapacity, QCAT can not make an order staying the operation of the suspension or cancellation. (sec.131-ssec.9) Subsections (2) to (8) must be read and construed so that a review does not lie under subsection (2) or (4) — in respect of the cancellation or suspension of a Queensland driver licence by reason of the disqualification from holding or obtaining that licence of the licensee upon conviction or by order of a judge of the Supreme Court or District Court or of the court; or in respect of the cancellation or suspension of a licence by or at or pursuant to the order or direction of a judge of the Supreme Court or District Court or of the court under any provision of this Act or under any other Act or law; or in respect of the refusal to issue or renew a licence or a suspension or cancellation of a licence or the imposition of a condition in respect of a licence if provision is made elsewhere in this Act for or in respect of such a review; or in respect of the suspension of a Queensland driver licence of a person because of the allocation of demerit points; or in respect of the suspension of a Queensland driver licence of a person who has been convicted of an offence against a regulation for driving more than 40km/h over the speed limit. (sec.131-ssec.10) A person who has been disqualified, by operation of law or an order, from holding or obtaining a Queensland driver licence absolutely or for a period of more than 2 years, may, at any time after the expiration of 2 years from the start of the disqualification period, apply for the disqualification to be removed. (sec.131-ssec.11) The application for the disqualification to be removed must be made to— if the disqualification was ordered by a judge of the Supreme Court—a judge of the Supreme Court; or if the disqualification was ordered by a judge of the District Court—a judge of the District Court; or if the disqualification was not ordered by a judge of the Supreme or District Court— if the person lives in Queensland—the Magistrates Court exercising jurisdiction at the place where the person lives; or if the person lives outside Queensland—the Magistrates Court, central division of the Brisbane district. (sec.131-ssec.12) Notice of any such application shall be given to the commissioner or to any police officer authorised by the commissioner to receive such notices, who shall be entitled to appear and be heard and to give and produce evidence at the hearing of such application for or against the granting of the application. (sec.131-ssec.13) The notice required by subsection (12) to be given shall be given at least 28 clear days prior to the date of hearing of such application. (sec.131-ssec.14) Upon hearing any such application the judge of the Supreme Court or District Court or justices constituting the court may, as is thought proper, having regard to the character of the person disqualified and the person’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order or refuse the application. (sec.131-ssec.15) Where an application under subsection (10) is refused, a further application hereunder shall not be entertained if made within 1 year after the date of the refusal. (sec.131-ssec.16) If an order is made under subsection (10) for the removal of a disqualification, the judge or justices have power to order the applicant to pay the whole or any part of the costs of the application. (sec.131-ssec.17) Particulars of the result of any application made under subsection (10) shall be transmitted by the registrar of the Supreme Court or District Court or the clerk of the court concerned to the commissioner. (sec.131-ssec.18) A person who by virtue of an order of a judge of the Supreme Court or District Court or justices made under this or any other Act is disqualified from holding or obtaining a licence may appeal against the order in the same manner as against a conviction recorded against the person by that judge or the justices and the Supreme Court or District Court in determining the appeal may, as is thought proper, having regard to the circumstances of the case, either by order remove the disqualification as from such date as may be specified in that order or dismiss the appeal. (sec.131-ssec.19) A memorandum of the determination of the appeal shall be transmitted by the registrar of the Supreme Court or, as the case may be, District Court to the commissioner. (sec.131-ssec.20) Where a person has, following upon a conviction, been disqualified from holding or obtaining a Queensland driver licence and has commenced an appeal against that conviction, that disqualification shall, upon the commencement of that appeal, and without further order in that behalf, be suspended pending the determination of that appeal. (sec.131-ssec.21) However, subject to any decision of a court upon that appeal, that portion of the period of disqualification which had not expired when such suspension began to operate shall take effect from the date of determination of that appeal. (sec.131-ssec.22) Where on an appeal a conviction against any person for an offence against this or any other Act is quashed, any disqualification of that person from the holding or obtaining of a licence by that conviction without any specific order of disqualification having been made by a judge of the Supreme Court or District Court or justices shall thereupon be removed without any specific order being required for that purpose and without further or other authority than this Act. (sec.131-ssec.23) Where under the authority of this or any other Act an order is made by a judge of the Supreme Court or District Court or justices disqualifying a person from holding or obtaining any licence such order shall be valid and effective notwithstanding that no application was made for that purpose or that the person so disqualified was not present or was not called upon to show cause against the making thereof. (sec.131-ssec.24) In this section— licence does not include an accreditation under the Tow Truck Act 2023 . licensing decision means a decision of the chief executive to— refuse to grant or renew the person’s Queensland driver licence; or amend, suspend or cancel the person’s Queensland driver licence; or immediately amend or suspend the person’s Queensland driver licence; or impose a condition on a Queensland driver licence. - (a) a decision to which subsection (2) applies and that involves the suspension or cancellation of a licence of the applicant other than a Queensland driver licence; - (b) a decision of the chief executive on a reconsideration of a decision to suspend or cancel the applicant’s Queensland driver licence. - (a) in respect of the cancellation or suspension of a Queensland driver licence by reason of the disqualification from holding or obtaining that licence of the licensee upon conviction or by order of a judge of the Supreme Court or District Court or of the court; or - (b) in respect of the cancellation or suspension of a licence by or at or pursuant to the order or direction of a judge of the Supreme Court or District Court or of the court under any provision of this Act or under any other Act or law; or - (c) in respect of the refusal to issue or renew a licence or a suspension or cancellation of a licence or the imposition of a condition in respect of a licence if provision is made elsewhere in this Act for or in respect of such a review; or - (d) in respect of the suspension of a Queensland driver licence of a person because of the allocation of demerit points; or - (e) in respect of the suspension of a Queensland driver licence of a person who has been convicted of an offence against a regulation for driving more than 40km/h over the speed limit. - (a) if the disqualification was ordered by a judge of the Supreme Court—a judge of the Supreme Court; or - (b) if the disqualification was ordered by a judge of the District Court—a judge of the District Court; or - (c) if the disqualification was not ordered by a judge of the Supreme or District Court— (i) if the person lives in Queensland—the Magistrates Court exercising jurisdiction at the place where the person lives; or (ii) if the person lives outside Queensland—the Magistrates Court, central division of the Brisbane district. - (i) if the person lives in Queensland—the Magistrates Court exercising jurisdiction at the place where the person lives; or - (ii) if the person lives outside Queensland—the Magistrates Court, central division of the Brisbane district. - (i) if the person lives in Queensland—the Magistrates Court exercising jurisdiction at the place where the person lives; or - (ii) if the person lives outside Queensland—the Magistrates Court, central division of the Brisbane district. - (a) refuse to grant or renew the person’s Queensland driver licence; or - (b) amend, suspend or cancel the person’s Queensland driver licence; or - (c) immediately amend or suspend the person’s Queensland driver licence; or - (d) impose a condition on a Queensland driver licence.