sec.311Persons not eligible to apply for special hardship orders

sec.311 Persons not eligible to apply for special hardship orders

A person who has a suspended open licence or provisional licence is not eligible to apply for a special hardship order if, within 5 years before the licence was suspended— 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 the Criminal Code , section 328A . 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 ; a suspension under the Transport Operations (Passenger Transport) Act 1994 , section 91ZJ . (sec.311-ssec.1) A person who has a suspended open licence or provisional licence is not eligible to apply for a special hardship order if, within 5 years before the licence was suspended— 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 the Criminal Code , section 328A . (sec.311-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 ; a suspension under the Transport Operations (Passenger Transport) Act 1994 , section 91ZJ .