Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 130

130 Delivery of cancelled or surrendered licences, or licences for endorsement

(1) Where any licence is or is deemed to be cancelled or is surrendered or is required for the purpose of making an endorsement thereon under this Act the licensee shall forthwith deliver that licence—

(a) if any person is appointed by the regulations to whom a licence of that kind, class, or description is to be delivered upon its cancellation or surrender, or for its endorsement—to that person; or

(b) where any person has not been so appointed by the regulations and—

(i) where such licence is cancelled consequent on a conviction on indictment, or by or consequent on an order made by a judge of the Supreme Court or District Court—to the registrar of the Supreme Court or District Court which recorded the conviction or made the order; or

(ii) where such licence is cancelled consequent on a conviction, or by or consequent on an order, by justices—to the clerk of the court which recorded the conviction or made the order; or

(iii) in any other case—to the chief executive or the superintendent who is the officer in charge of the police station in the police division in which the address of the licensee, as indicated on the licence in question, is situated.

(2) Any person who fails to deliver any licence as required by subsection (1) shall be guilty of an offence.

Penalty—

Maximum penalty—40 penalty units or 6 months imprisonment.

(2A) If such default in delivering any licence is continued by any person who has been convicted of the offence of failing to deliver that licence as required by subsection (1) , then that person shall be deemed to commit a continuing offence and shall be liable to a penalty of 1 penalty unit for each and every day during which such offence is so continued.

(2B) However, the continuing offence in respect of the non-delivery of such licence shall not be deemed to commence until the expiration of 14 days from the date of conviction as aforementioned.

(3) The person to whom any licence is delivered pursuant to the provisions of this section shall make an endorsement containing such particulars relating to its cancellation or surrender, or the other purpose for which the endorsement is required to be made thereon, as may be prescribed and shall transmit such licence to the commissioner unless, in the case of a licence continuing in force, the commissioner is authorised by the regulations to return such licence to the licensee.

(5) Where any person (whether the person is at the time the holder of a licence or not) has been disqualified—

(a) by this Act; or

(b) by an order made under this or any other Act;

from holding or obtaining any licence (other than a Queensland driver licence), every licence of that kind, class, or description which the person may then hold or may subsequently obtain shall be endorsed with such particulars relating to the person’s disqualification as may be prescribed.

(6) On the issue of a new licence (other than a Queensland driver licence) to any person, the prescribed particulars endorsed or required to be endorsed on any previous licence of that kind, class, or description held by the person shall be copied or made on to the new licence unless the person has previously become entitled under the provisions of this Act to have that new licence issued to the person free from such endorsements.

(7) Any person who, having failed to deliver in accordance with this Act for endorsement the person’s licence required hereby to be delivered for the purpose of making an endorsement thereon hereunder and not previously becoming entitled under the provisions of this Act to have a licence issued to the person free from such endorsement, applies for or obtains a new licence of the same kind, class, or description as that which was required to be endorsed without giving sufficient particulars to enable any and every required endorsement to be made on the new licence shall be guilty of an offence.

Penalty—

Maximum penalty for subsection (7) —40 penalty units or 6 months imprisonment.