Queensland Numbered Acts

TRANSPORT LEGISLATION (ROAD SAFETY AND OTHER MATTERS) AMENDMENT ACT 2019 - SECT 42

42 Amendment of s 131 (Reviews and appeals with respect to issue of licences etc.)

(1) Section 131 (1A) and (1B) —
omit, insert—

(1AB) Subsection (2) does not apply to a refusal, suspension, cancellation or imposition that is a licensing decision.

(1AC) A person aggrieved by a decision of the chief executive on a reconsideration of a licensing decision may apply to QCAT for a review of the decision on the reconsideration.

(1AD) Despite the QCAT Act, a decision of QCAT on review under subsection (2) or (4) is final and binding and without further appeal under that Act.

(1AE) Subsection (7) applies to a review of any of the following decisions to suspend or cancel a licence, unless the reason, or 1 of the reasons, for the suspension or cancellation is the mental or physical incapacity of the applicant—

(a) a decision to which subsection (2) applies and that involves the suspension or cancellation of a licence of the applicant other than a Queensland driver licence;

(b) a decision of the chief executive on a reconsideration of a decision to suspend or cancel the applicant’s Queensland driver licence.

(2) Section 131 (1C) , from ‘ Subsections (1AA) ’ to ‘under subsection (1AA) —’—
omit, insert—
Subsections (2) to (8) must be read and construed so that a review does not lie under subsection (2) or (4)—

(3) Section 131 (2B) , ‘ subsection (2A) ’—
omit, insert—
subsection (12)

(4) Section 131 (2D) , (2E) and (2F) , ‘ subsection (2) ’—
omit, insert—
subsection (10)

(5) Section 131 —
insert—

(6) In this section—

"licensing decision" means a decision of the chief executive to—

(a) refuse to grant or renew the person’s Queensland driver licence; or

(b) amend, suspend or cancel the person’s Queensland driver licence; or

(c) immediately amend or suspend the person’s Queensland driver licence; or

(d) impose a condition on a Queensland driver licence.

(6) Section 131 (1AA) to (6) —
renumber as section 131 (2) to (24) .