sec.321

sec.321 Replacement Queensland driver licences if special hardship orders made

This section applies if a court makes a special hardship order for a person. The person must, within 14 days after the day the special hardship order is made, apply for a replacement Queensland driver licence that— is of the same class, category and type as the person’s suspended open licence or provisional licence to which the order relates; and includes a code indicating that the person who holds the licence is authorised to drive motor vehicles only under a special hardship order. Maximum penalty—20 penalty units. See chapter 14 , part 1 for requirements about the application. The application must be accompanied by a copy of the special hardship order. A person does not commit an offence against subsection (2) if the person has a reasonable excuse. In deciding the application, the chief executive must— have regard to the special hardship order; and deal with the application as if it were an application under section 195 . Despite subsection (5) (b) , the chief executive may only refuse the application if, under an Act— the person’s open licence or provisional licence to which the special hardship order relates is suspended or cancelled, or the person is disqualified from holding or obtaining a Queensland driver licence, for a reason other than the reason that resulted in the suspension to which the special hardship order relates; or the person’s open licence or provisional licence to which the special hardship order relates would have been suspended or cancelled, or the person would have been disqualified from holding or obtaining a Queensland driver licence, other than for the person’s open licence or provisional licence being already suspended under a relevant provision. (sec.321-ssec.1) This section applies if a court makes a special hardship order for a person. (sec.321-ssec.2) The person must, within 14 days after the day the special hardship order is made, apply for a replacement Queensland driver licence that— is of the same class, category and type as the person’s suspended open licence or provisional licence to which the order relates; and includes a code indicating that the person who holds the licence is authorised to drive motor vehicles only under a special hardship order. Maximum penalty—20 penalty units. See chapter 14 , part 1 for requirements about the application. (sec.321-ssec.3) The application must be accompanied by a copy of the special hardship order. (sec.321-ssec.4) A person does not commit an offence against subsection (2) if the person has a reasonable excuse. (sec.321-ssec.5) In deciding the application, the chief executive must— have regard to the special hardship order; and deal with the application as if it were an application under section 195 . (sec.321-ssec.6) Despite subsection (5) (b) , the chief executive may only refuse the application if, under an Act— the person’s open licence or provisional licence to which the special hardship order relates is suspended or cancelled, or the person is disqualified from holding or obtaining a Queensland driver licence, for a reason other than the reason that resulted in the suspension to which the special hardship order relates; or the person’s open licence or provisional licence to which the special hardship order relates would have been suspended or cancelled, or the person would have been disqualified from holding or obtaining a Queensland driver licence, other than for the person’s open licence or provisional licence being already suspended under a relevant provision.

• (a) is of the same class, category and type as the person’s suspended open licence or provisional licence to which the order relates; and
• (b) includes a code indicating that the person who holds the licence is authorised to drive motor vehicles only under a special hardship order.
• (a) have regard to the special hardship order; and
• (b) deal with the application as if it were an application under section 195 .
• (a) the person’s open licence or provisional licence to which the special hardship order relates is suspended or cancelled, or the person is disqualified from holding or obtaining a Queensland driver licence, for a reason other than the reason that resulted in the suspension to which the special hardship order relates; or
• (b) the person’s open licence or provisional licence to which the special hardship order relates would have been suspended or cancelled, or the person would have been disqualified from holding or obtaining a Queensland driver licence, other than for the person’s open licence or provisional licence being already suspended under a relevant provision.