QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.91VProcedure for discretionary extension of prescribed period
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### sec.91V Procedure for discretionary extension of prescribed period
If the chief executive considers a ground exists to extend an interlock driver’s prescribed period (the proposed action ), the chief executive may give the person a written notice (the show cause notice ).
The show cause notice must—
state the proposed action; and
state the ground for the proposed action; and
outline the facts and circumstances forming the basis for the ground; and
state the period, of 4 months, by which the prescribed period is to be extended; and
invite the person to show cause, within a stated time of at least 28 days, why the proposed action should not be taken.
The chief executive may, before or after the end of the time stated in the show cause notice, extend the time within which the person may show cause.
If, after considering any personal or written representations made within the time stated or allowed, the chief executive still considers a ground exists to take the proposed action, the chief executive may extend the prescribed period for a period not longer than the period stated in the show cause notice.
The chief executive must give the person written notice of the decision stating the following—
the period for which the prescribed period is extended;
the reasons for the decision;
the prescribed review information for the decision.
s 91V ins 2010 No. 13 s 17
amd 2019 No. 25 s 99
(sec.91V-ssec.1) If the chief executive considers a ground exists to extend an interlock driver’s prescribed period (the proposed action ), the chief executive may give the person a written notice (the show cause notice ).
(sec.91V-ssec.2) The show cause notice must— state the proposed action; and state the ground for the proposed action; and outline the facts and circumstances forming the basis for the ground; and state the period, of 4 months, by which the prescribed period is to be extended; and invite the person to show cause, within a stated time of at least 28 days, why the proposed action should not be taken.
(sec.91V-ssec.3) The chief executive may, before or after the end of the time stated in the show cause notice, extend the time within which the person may show cause.
(sec.91V-ssec.4) If, after considering any personal or written representations made within the time stated or allowed, the chief executive still considers a ground exists to take the proposed action, the chief executive may extend the prescribed period for a period not longer than the period stated in the show cause notice.
(sec.91V-ssec.5) The chief executive must give the person written notice of the decision stating the following— the period for which the prescribed period is extended; the reasons for the decision; the prescribed review information for the decision.
- (a) state the proposed action; and
- (b) state the ground for the proposed action; and
- (c) outline the facts and circumstances forming the basis for the ground; and
- (d) state the period, of 4 months, by which the prescribed period is to be extended; and
- (e) invite the person to show cause, within a stated time of at least 28 days, why the proposed action should not be taken.
- (a) the period for which the prescribed period is extended;
- (b) the reasons for the decision;
- (c) the prescribed review information for the decision.