sec.295Persons not eligible to apply for section 79E orders—suspension etc. within 5-year period

sec.295 Persons not eligible to apply for section 79E orders—suspension etc. within 5-year period

A person who has a suspended licence is not eligible to apply for a section 79E order if, within 5 years before the relevant charge for the suspended licence— a Queensland driver licence held by the person was suspended or cancelled, or the person was disqualified from holding or obtaining a Queensland driver licence; or the person’s authority to drive on a Queensland road under a non-Queensland driver licence previously held by the person was suspended; or the person was not eligible to hold a Queensland driver licence under section 280 , 281 , 282 , 283 or 287 or the expired regulation, section 84 or 88 ; or the person was convicted of— an offence against section 79 or 80 (11) of the Act ; or an offence against the Criminal Code , section 328A ; or an offence committed outside Queensland that, if committed in Queensland, would be an offence against section 79 or 80 (11) of the Act . For subsection (1) (a) , the reference to a suspension, cancellation or disqualification does not include the following— a suspension under section 79 (9) of the Act ; a suspension under section 79B (2) of the Act ; a 24-hour suspension under section 80 (22AA) of the Act ; a suspension or cancellation that has been set aside under section 388 (1) or the expired regulation, section 132 ; a suspension, cancellation or disqualification that has been set aside by QCAT or a court; a suspension, cancellation or disqualification because of the person’s mental or physical incapacity; a suspension under the State Penalties Enforcement Act 1999 , section 105 . (sec.295-ssec.1) A person who has a suspended licence is not eligible to apply for a section 79E order if, within 5 years before the relevant charge for the suspended licence— a Queensland driver licence held by the person was suspended or cancelled, or the person was disqualified from holding or obtaining a Queensland driver licence; or the person’s authority to drive on a Queensland road under a non-Queensland driver licence previously held by the person was suspended; or the person was not eligible to hold a Queensland driver licence under section 280 , 281 , 282 , 283 or 287 or the expired regulation, section 84 or 88 ; or the person was convicted of— an offence against section 79 or 80 (11) of the Act ; or an offence against the Criminal Code , section 328A ; or an offence committed outside Queensland that, if committed in Queensland, would be an offence against section 79 or 80 (11) of the Act . (sec.295-ssec.2) For subsection (1) (a) , the reference to a suspension, cancellation or disqualification does not include the following— a suspension under section 79 (9) of the Act ; a suspension under section 79B (2) of the Act ; a 24-hour suspension under section 80 (22AA) of the Act ; a suspension or cancellation that has been set aside under section 388 (1) or the expired regulation, section 132 ; a suspension, cancellation or disqualification that has been set aside by QCAT or a court; a suspension, cancellation or disqualification because of the person’s mental or physical incapacity; a suspension under the State Penalties Enforcement Act 1999 , section 105 .