Queensland Numbered Acts Queensland Numbered ActsChapter 5 —
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91A Definitions for part In this part—
"alcohol-related driver offence" means any of the following offences committed after the commencement—(a) an offence against section 79(1), involving a motor vehicle, while under the influence of liquor;(b) an offence against section 79(1F), (2), (2A), (2B), (2J), (2K) or (2L) involving a motor vehicle;(c) an offence against section 80(11), involving a motor vehicle, in relation to failing to provide—(i) a specimen of breath for analysis; or(ii) a specimen of blood for a laboratory test if the requisition to which the failure relates was made for the purpose of determining the concentration of alcohol (if any) in the person’s blood;(d) an offence against the Criminal Code , section 328A(1) or (4), involving the offender operating or interfering with the operation of a motor vehicle dangerously other than as a passenger, when accompanied by the circumstance of aggravation that at the time of committing the offence the offender was adversely affected by alcohol.
"brief intervention education program" see section 91B(2).
"driver licence disqualification" , for a person, means the person’s disqualification from holding or obtaining a Queensland driver licence as mentioned in section 91D(1)(b).
"exemption application" see section 91G(3).
"repeat offender education program" see section 91B(3).
91B Approval of programs(1) The chief executive may approve the following programs—(a) a program designed to educate and support participants to separate the act of drinking alcohol from driving;(b) a program designed to educate participants about, and support participants to implement, strategies—(i) to prevent them from driving while under the influence of alcohol; and(ii) for changing behaviours relating to the misuse of alcohol.(2) A program approved under subsection (1)(a) is a
"brief intervention education program" .(3) A program approved under subsection (1)(b) is a
"repeat offender education program" .(4) A regulation may prescribe fees payable for a program approved under this section that is provided by the department.
91C Publication of details of program(1) The chief executive must publish the following details of each program approved under section 91B on the department’s website—(a) how the program may be completed, including, for example—(i) by completing the program provided by the department or a service provider online; or(ii) by attending the program provided by the department or a service provider;(b) for a program provided by the department—the fee prescribed under section 91B(4) for the program;(c) for a program provided by a service provider—the name and contact details for each service provider who provides the program.(2) In this section—
"service provider" means an entity engaged by the department to provide a program approved under this section.
91D Application of division(1) This division applies to a person who—(a) is convicted of an alcohol-related driver offence; and(b) is disqualified, other than under a prescribed provision, from holding or obtaining a Queensland driver licence by or because of the conviction or offence or under a penalty imposed for the offence.(2) However, this division stops applying to the person in relation to the person’s driver licence disqualification arising from the conviction if a period of 5 years lapses after the conviction.(3) Subsection (2) does not prevent this division applying to the person in relation to the person’s driver licence disqualification arising from the person’s conviction of another alcohol-related driver offence committed within or after the 5-year period.(4) In this section—
"prescribed provision" means section 79B(4), 81(4)(b), 89(1) or 90(1).
91E Requirement to complete brief intervention education program The person is not eligible for a Queensland driver licence unless the person has completed a brief intervention education program within the previous 5 years.
91F Requirement to complete repeat offender education program(1) This section applies if the person’s driver licence disqualification arose from the person’s conviction of an alcohol-related driver offence committed within 5 years of the person’s previous conviction for an alcohol-related driver offence.(2) The person is not eligible for a Queensland driver licence unless the person—(a) has completed a repeat offender education program within the previous 5 years; or(b) has an exemption from completing a repeat offender education program under division 3.(3) However, subsection (2) does not apply to a Queensland driver licence to which the interlock condition applies.Note—See section 91M(4) and (5) in relation to holders of a Queensland driver licence subject to the interlock condition.
91G Application for exemption(1) A person to whom division 2 applies may apply to the chief executive for an exemption from the requirement to complete a repeat offender education program.(2) The application may not be made before the end of the period for which the person is disqualified from holding or obtaining a Queensland driver licence.(3) An application under subsection (1) (an
"exemption application" ) must be accompanied by the fee prescribed by regulation.Note—See chapter 5B for requirements about the application.
91H Grounds for granting exemption(1) The chief executive may grant an exemption the subject of an exemption application only if the chief executive is satisfied—(a) it would be unreasonable to require the applicant to complete a repeat offender education program having regard to the way the program is provided and the applicant’s ability to access the program; or(b) a refusal to grant the exemption would cause the applicant severe hardship within the meaning prescribed by regulation.(2) If repeat offender education programs are provided at 1 or more places and are not provided online, the chief executive may be satisfied of the matter mentioned in subsection (1)(a) only if—(a) the shortest reasonable distance, or shortest reasonable travelling time, using a motor vehicle, between the applicant’s principal place of residence and the nearest place where a repeat offender education program is provided is greater than the distance or time prescribed by regulation; or(b) the applicant’s principal place of residence is at a location, prescribed by regulation, from which the nearest place where a repeat offender education program is provided is not reasonably accessible using a motor vehicle; or(c) the applicant’s principal place of residence is outside both of the following—(i) a radius prescribed by regulation from the nearest place where a repeat offender education program is provided;(ii) an area in which a service provider provides a repeat offender education program on a mobile basis.(3) If repeat offender education programs are provided only online, the chief executive may be satisfied of the matter mentioned in subsection (1)(a) only if the applicant does not have reasonable access to the internet.(4) If repeat offender education programs are provided at 1 or more places and online, the chief executive may be satisfied of the matter mentioned in subsection (1)(a) only if—(a) subsection (2)(a), (b) or (c) is satisfied for the person in relation to the places at which the program is provided; and(b) the applicant does not have reasonable access to the internet.
91HA Deciding application for exemption(1) The chief executive must decide an exemption application within 28 days after receiving it and either grant or refuse to grant the exemption.(2) If the chief executive does not decide an exemption application within the period required under subsection (1) or a longer period agreed with the applicant, the chief executive is taken to have made a decision (a
"deemed decision" ) refusing the exemption on the last day of the period.(3) Despite subsection (2), the chief executive may continue to consider the application and make a considered decision in relation to it.(4) If a considered decision is made, the considered decision replaces any deemed decision for the purposes of this Act.(5) In this section—
"considered decision" means a decision in accordance with section 91H.
91HB Notice of decision(1) As soon as practicable after a deemed decision or considered decision is made under section 91HA, the chief executive must give the applicant written notice of the decision.(2) The written notice must state—(a) the prescribed review information for the decision; and(b) for a considered decision, the reasons for the decision.(3) Also, if the chief executive decides to grant the exemption, the written notice must—(a) contain a brief statement of—(i) the matters of which the chief executive was satisfied under section 91H; and(ii) the matters that may be the subject of a relevant change of circumstances for section 91HD; and(b) when the exemption stops having effect under section 91HC.
91HC Exemption ceasing effect(1) An exemption granted to a person under section 91HA stops having effect when whichever of the following happens first—(a) 14 days elapse after the person gives the chief executive a notice under section 91HD;(b) the exemption is cancelled under section 19.(2) When the exemption stops having effect, the requirement that the person complete a repeat offender education program under section 91F applies to the person as provided in that section.
91HD Notice of change in circumstances(1) A person who has an exemption granted under section 91H must, within 14 days after the happening of a relevant change of circumstances, give written notice of the change to the chief executive.Note—If the person fails to comply with subsection (1), the chief executive may cancel the exemption under section 19—see section 18(1)(o).(2) In this section—
"relevant change of circumstances" means a change in any of the matters stated, as required under section 91HB(3)(a)(ii), in a written notice given to the person.