sec.79BImmediate suspension or disqualification

### sec.79B Immediate suspension or disqualification This section applies if a person is— charged under section 79 (1) with an offence committed while under the influence of liquor or a drug; or charged under section 79 (1F) with an offence; or charged under section 80 (11) with failing to provide a specimen of the person’s breath or saliva for analysis or a specimen of the person’s blood for a laboratory test; or charged under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) with an offence committed after having been charged, after the commencement of this paragraph, with another offence under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) and the earlier charge has not been dealt with by a court, or withdrawn or otherwise discontinued; or charged under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) with an offence committed after a replacement licence is issued, and while a section 79E order applies, to the person; or charged under the Criminal Code , section 328A (1) or (4) with the dangerous operation of a motor vehicle, when accompanied by the circumstance of aggravation that at the time of committing the offence the person was adversely affected by an intoxicating substance. However, this section only applies in the circumstances mentioned in subsection (1) (a) to (ca) if the person is charged under a provision mentioned in subsection (1) (a) to (ca) with an offence relating to— driving a motor vehicle; or attempting to put in motion a motor vehicle; or being in charge of a motor vehicle. If the person holds a Queensland driver licence, the person’s Queensland driver licence is suspended. If the person’s authority to drive on a Queensland road is under a non-Queensland driver licence, the person’s authority under the licence to drive on a Queensland road is suspended. If the person does not hold a driver licence, the person is disqualified from obtaining or holding a Queensland driver licence. The suspension or disqualification under subsection (2) , (3) or (4) starts when the person is charged and ends— for a suspension of a Queensland driver licence in relation to which a court may make a section 79E order, when the first of the following happens— a replacement licence is issued to the person under section 79F ; the charge is dealt with by a court or is withdrawn or otherwise discontinued; or in any other case, when the charge is dealt with by a court or is withdrawn or otherwise discontinued. Section 127 provides for consequences for disqualifications, suspensions, etc. In particular, see section 127 (4) and (5) . If a person’s driver licence is suspended under this section and, at the time the driver licence is suspended, section 80 (22AA) also applies to the person, the suspension of the driver licence under section 80 (22AA) is superseded by the suspension under this section. In this section— replacement licence see section 79F (2) . s 79B ins 2006 No. 21 s 143 (amd 2006 No. 57 s 47 ) amd 2007 No. 6 s 56 ; 2007 No. 43 s 79 ; 2010 No. 13 ss 5 , 3 sch pt 1 ; 2011 No. 12 s 102 amd 2024 No. 45 s 95 (uncommenced amendment) (sec.79B-ssec.1) This section applies if a person is— charged under section 79 (1) with an offence committed while under the influence of liquor or a drug; or charged under section 79 (1F) with an offence; or charged under section 80 (11) with failing to provide a specimen of the person’s breath or saliva for analysis or a specimen of the person’s blood for a laboratory test; or charged under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) with an offence committed after having been charged, after the commencement of this paragraph, with another offence under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) and the earlier charge has not been dealt with by a court, or withdrawn or otherwise discontinued; or charged under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) with an offence committed after a replacement licence is issued, and while a section 79E order applies, to the person; or charged under the Criminal Code , section 328A (1) or (4) with the dangerous operation of a motor vehicle, when accompanied by the circumstance of aggravation that at the time of committing the offence the person was adversely affected by an intoxicating substance. (sec.79B-ssec.1A) However, this section only applies in the circumstances mentioned in subsection (1) (a) to (ca) if the person is charged under a provision mentioned in subsection (1) (a) to (ca) with an offence relating to— driving a motor vehicle; or attempting to put in motion a motor vehicle; or being in charge of a motor vehicle. (sec.79B-ssec.2) If the person holds a Queensland driver licence, the person’s Queensland driver licence is suspended. (sec.79B-ssec.3) If the person’s authority to drive on a Queensland road is under a non-Queensland driver licence, the person’s authority under the licence to drive on a Queensland road is suspended. (sec.79B-ssec.4) If the person does not hold a driver licence, the person is disqualified from obtaining or holding a Queensland driver licence. (sec.79B-ssec.5) The suspension or disqualification under subsection (2) , (3) or (4) starts when the person is charged and ends— for a suspension of a Queensland driver licence in relation to which a court may make a section 79E order, when the first of the following happens— a replacement licence is issued to the person under section 79F ; the charge is dealt with by a court or is withdrawn or otherwise discontinued; or in any other case, when the charge is dealt with by a court or is withdrawn or otherwise discontinued. Section 127 provides for consequences for disqualifications, suspensions, etc. In particular, see section 127 (4) and (5) . (sec.79B-ssec.6) If a person’s driver licence is suspended under this section and, at the time the driver licence is suspended, section 80 (22AA) also applies to the person, the suspension of the driver licence under section 80 (22AA) is superseded by the suspension under this section. (sec.79B-ssec.7) In this section— replacement licence see section 79F (2) . - (a) charged under section 79 (1) with an offence committed while under the influence of liquor or a drug; or - (ab) charged under section 79 (1F) with an offence; or - (b) charged under section 80 (11) with failing to provide a specimen of the person’s breath or saliva for analysis or a specimen of the person’s blood for a laboratory test; or - (c) charged under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) with an offence committed after having been charged, after the commencement of this paragraph, with another offence under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) and the earlier charge has not been dealt with by a court, or withdrawn or otherwise discontinued; or - (ca) charged under section 79 (2) , (2AA) , (2A) , (2B) , (2J) , (2K) or (2L) with an offence committed after a replacement licence is issued, and while a section 79E order applies, to the person; or - (d) charged under the Criminal Code , section 328A (1) or (4) with the dangerous operation of a motor vehicle, when accompanied by the circumstance of aggravation that at the time of committing the offence the person was adversely affected by an intoxicating substance. - (a) driving a motor vehicle; or - (b) attempting to put in motion a motor vehicle; or - (c) being in charge of a motor vehicle. - (a) for a suspension of a Queensland driver licence in relation to which a court may make a section 79E order, when the first of the following happens— (i) a replacement licence is issued to the person under section 79F ; (ii) the charge is dealt with by a court or is withdrawn or otherwise discontinued; or - (i) a replacement licence is issued to the person under section 79F ; - (ii) the charge is dealt with by a court or is withdrawn or otherwise discontinued; or - (b) in any other case, when the charge is dealt with by a court or is withdrawn or otherwise discontinued. - (i) a replacement licence is issued to the person under section 79F ; - (ii) the charge is dealt with by a court or is withdrawn or otherwise discontinued; or