Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007

Queensland Transport Operations (Road Use Management) Act 1995 Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 Reprinted as in force on 29 October 2007 Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL exp 1995 No. 9 s 202(3)

Information about this reprint This regulation is reprinted as at 29 October 2007. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprint. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Appeals started before 29 October 2007 . . . . . . . . . . . . . . . . . . . 3 5 Appeals not started by 29 October 2007 . . . . . . . . . . . . . . . . . . . 5 6 Notice giving requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Declaration that regulation is a transitional regulation—Act, s 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 9 9

Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 [s 1] Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 [reprinted as in force on 29 October 2007] 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 . 2 Commencement Sections 4 and 5 commence on 29 October 2007. 3 Definitions In this regulation— Driver Licensing Regulation means the Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 . repealed provision means either of the following provisions of the Driver Licensing Regulation, as in force immediately before the commencement of section 4— (a) section 29; (b) section 30D. SHO provisions means part 6C of the Driver Licensing Regulation. 4 Appeals started before 29 October 2007 (1) This section applies if— (a) before the commencement of this section, a person has lodged an appeal with a court under a repealed provision; and Reprint 1 effective 29 October 2007 Page 3

Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 [s 4] (b) at the commencement, the appeal has not been decided or withdrawn. (2) The appeal is taken to be an application for a special hardship order. (3) The court must hear and decide the appeal as if it were an application for a special hardship order. (4) For subsections (2) and (3), the SHO provisions apply in relation to the application for a special hardship order as if— (a) the person who lodged the appeal were eligible to apply for the order under section 30U of the Driver Licensing Regulation; and (b) the requirements under section 30V of the Driver Licensing Regulation about the application have been complied with; and (c) a reference to an open or provisional licence in the SHO provisions included a reference to a Queensland driver licence of the same type as the person’s Queensland driver licence in relation to which the appeal was lodged. (5) Also for subsections (2) and (3), the court may make a special hardship order for a reason mentioned in section 30Z(1)(b)(ii) of the Driver Licensing Regulation even though the appeal was lodged for a reason mentioned in section 30Z(1)(b)(i) of the Driver Licensing Regulation. (6) However— (a) despite section 30W of the Driver Licensing Regulation, the stay of the person’s Queensland driver licence in relation to which the appeal was lodged under a repealed provision continues until the court decides to make or not make the special hardship order; and (b) the court may waive a requirement under section 30Z(2) or (3) of the Driver Licensing Regulation that the applicant give the court an affidavit mentioned in the provision if the court considers it has all the information that would be provided by the affidavit. Page 4 Reprint 1 effective 29 October 2007

Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 [s 5] (7) Despite subsections (2) to (6), if at the commencement of this section the court has finished hearing the appeal under a repealed provision— (a) the court must decide the appeal under the repealed provision as if the provision had not been repealed; and (b) the repealed provision continues to apply in relation to the following as if the provision had not been repealed— (i) the stay of the person’s Queensland driver licence in relation to which the appeal was lodged; (ii) the court’s decision. (8) For subsection (7), a court is considered to have finished hearing an appeal under a repealed provision only if the court— (a) has heard or received— (i) all the evidence the applicant intends to produce in relation to the appeal; and (ii) all the information the chief executive intends to give in relation to the appeal; and (b) has adjourned the hearing to make its decision in relation to the appeal. 5 Appeals not started by 29 October 2007 (1) This section applies if— (a) before the commencement of this section, a person was given a written notice under section 25(5) or 30A(2) of the Driving Licensing Regulation stating that the person’s licence is suspended for a stated period starting on a stated day; and (b) at the commencement, the person had not lodged an appeal against the suspension under a repealed provision. (2) The person may apply for, and a court may make, a special hardship order as if— Reprint 1 effective 29 October 2007 Page 5

Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 [s 6] (a) the person were eligible to apply for the order under section 30U of the Driver Licensing Regulation; and (b) a reference to an open or provisional licence in the SHO provisions included a reference to a Queensland driver licence of the same type as the person’s Queensland driver licence that has been suspended under section 25(8) or 30A(1) of the Driver Licensing Regulation. (3) The application for the order must be made in the way stated in section 30V of the Driver Licensing Regulation, including within the period stated in section 30V(2)(a) of that regulation. 6 Notice giving requirement (1) This section applies if, during the relevant period, the chief executive gives a person a written notice under section 25(5) or 30A(2) of the Driving Licensing Regulation stating that the person’s licence is suspended for a stated period starting on a stated day. (2) The notice, or another written notice accompanying the notice, must inform the person of the effect of section 5 if the person does not lodge an appeal against the suspension under section 29 or 30D of the Driver Licensing Regulation before the commencement of section 5. (3) Section 5 applies to the person whether or not the person is informed of the matter mentioned in subsection (2). (4) In this section— relevant period means the period— (a) starting at the beginning of the day this regulation is notified in the gazette; and (b) ending at the end of 28 October 2007. Page 6 Reprint 1 effective 29 October 2007

Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 [s 7] 7 Declaration that regulation is a transitional regulation—Act, s 202 This regulation is a transitional regulation. Editor’s note — Under section 202(3) of the Act, this regulation expires on 2 November 2010. Reprint 1 effective 29 October 2007 Page 7

Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 8 Reprint 1 effective 29 October 2007

Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 0A 1 Amendments included none none Effective 14 September 2007 29 October 2007 Notes certain provs commenced 5 List of legislation Transport Operations (Road Use Management—Driver Licensing Transitional) Regulation 2007 SL No. 227 made by the Governor in Council on 13 September 2007 notfd gaz 14 September 2007 pp 321–2 ss 1–2 commenced on date of notification ss 4–5 commenced 29 October 2007 (see s 2) remaining provisions commenced on date of notification exp 2 November 2010 (see 1995 No. 9 s 202(3)) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. © State of Queensland 2009 Reprint 1 effective 29 October 2007 Page 9