QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.56Using documents voided for nonpayment
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### sec.56 Using documents voided for nonpayment
This section applies if—
a person (the applicant ) pays the fee for a licence or other document under a transport Act, or the fee for an application for a licence or other document under a transport Act, by cheque or another method of payment; and
the licence or other document is issued to the applicant.
However, this section does not apply in relation to a licence or other document prescribed by regulation.
If the cheque or payment is not honoured on presentation or is later dishonoured—
the licence or document is void from the day it was issued; and
the applicant must, on demand by the chief executive or commissioner, immediately give the licence or document to the department or a police officer.
If, after the demand—
the applicant fails to immediately give the licence or document to the department or a police officer; or
the applicant uses, continues to use, or allows someone else to use, the licence or document; or
a person other than the applicant (the other person ) uses, continues to use, or allows someone else to use, the licence or document;
the applicant and the other person commit an offence.
Maximum penalty—60 penalty units.
It is a defence for the other person to prove he or she did not know a demand had been made under subsection (2) (b) .
If the State incurs expense because a cheque or payment is not honoured or is later dishonoured—
the applicant must reimburse the expense; and
the amount of the expense may be recovered as a debt payable by the applicant to the State.
s 56 amd 1998 No. 33 s 22 ; 2010 No. 13 s 3 sch pt 1 ; 2023 No. 28 s 204
(sec.56-ssec.1) This section applies if— a person (the applicant ) pays the fee for a licence or other document under a transport Act, or the fee for an application for a licence or other document under a transport Act, by cheque or another method of payment; and the licence or other document is issued to the applicant.
(sec.56-ssec.1A) However, this section does not apply in relation to a licence or other document prescribed by regulation.
(sec.56-ssec.2) If the cheque or payment is not honoured on presentation or is later dishonoured— the licence or document is void from the day it was issued; and the applicant must, on demand by the chief executive or commissioner, immediately give the licence or document to the department or a police officer.
(sec.56-ssec.3) If, after the demand— the applicant fails to immediately give the licence or document to the department or a police officer; or the applicant uses, continues to use, or allows someone else to use, the licence or document; or a person other than the applicant (the other person ) uses, continues to use, or allows someone else to use, the licence or document; the applicant and the other person commit an offence. Maximum penalty—60 penalty units.
(sec.56-ssec.4) It is a defence for the other person to prove he or she did not know a demand had been made under subsection (2) (b) .
(sec.56-ssec.5) If the State incurs expense because a cheque or payment is not honoured or is later dishonoured— the applicant must reimburse the expense; and the amount of the expense may be recovered as a debt payable by the applicant to the State.
- (a) a person (the applicant ) pays the fee for a licence or other document under a transport Act, or the fee for an application for a licence or other document under a transport Act, by cheque or another method of payment; and
- (b) the licence or other document is issued to the applicant.
- (a) the licence or document is void from the day it was issued; and
- (b) the applicant must, on demand by the chief executive or commissioner, immediately give the licence or document to the department or a police officer.
- (a) the applicant fails to immediately give the licence or document to the department or a police officer; or
- (b) the applicant uses, continues to use, or allows someone else to use, the licence or document; or
- (c) a person other than the applicant (the other person ) uses, continues to use, or allows someone else to use, the licence or document;
- (a) the applicant must reimburse the expense; and
- (b) the amount of the expense may be recovered as a debt payable by the applicant to the State.