Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as Made(1) If the chief executive considers a ground exists to amend, suspend or cancel a person's Queensland driver licence (the proposed action), the chief executive may give the person a written notice (the show cause notice).
(2) The show cause notice must--
(a) state the proposed action; and
(b) state the ground for the proposed action; and
(c) outline the facts and circumstances forming the basis for the ground; and
(d) if the proposed action is to amend a condition of the licence--state the proposed amendment; and
(e) if the proposed action is to suspend the licence--state the proposed suspension period; and
(f) invite the person to show cause, within a stated time of at least 28 days, why the proposed action should not be taken.
(3) The chief executive may, before or after the end of the time stated in the show cause notice, extend the time within which the person may show cause.
(4) If, after considering any personal or written representations made within the time stated or allowed, the chief executive still considers a ground exists to take the proposed action, the chief executive may--
(a) if the proposed action was to amend the licence--
(i) amend the licence in the way mentioned in the show cause notice; or
(ii) amend the licence in another way having regard to the representations; or
(b) if the proposed action was to suspend the licence--
(i) suspend the licence for a period not longer than the period stated in the show cause notice; or
(ii) amend the licence having regard to the representations; or
(c) if the proposed action was to cancel the licence--
(i) cancel the licence; or
(ii) suspend the licence for a period; or
(iii) amend the licence having regard to the representations.
(5) The chief executive must give the person written notice of the decision.
(6) If the chief executive decides to amend, suspend or cancel the licence, the notice must state--
(a) the reasons for the decision; and
(b) that the person may either--
(i) apply for a reconsideration of the decision under section 132; or
(ii) apply to QCAT for a review of the decision under section 131(1AA) of the Act; and
(c) that the person is also able, under section 131(1AA) of the Act, to apply to QCAT for a review of the decision on the reconsideration.
(7) Other than for a ground mentioned in section 124(b), the decision takes effect on the later of the following--
(a) the day the notice under subsection (5) is given to the person;
(b) a later day stated in the notice under subsection (5).
Editor's note--
Section 126(2) (Fraud and unlawful possession of licences) of the Act applies for a ground mentioned in section 124(b).
(8) Subsections (1) to (6) do not apply if the chief executive proposes to amend the licence only--
(a) by omitting a condition; or
(b) for a formal or clerical reason; or
(c) in a way the person has, in the approved form, agreed to; or
(d) in another way that does not adversely affect the person's interests.
(9) The chief executive may amend a licence under subsection (8) by written notice given to the person.
(10) In this section--
amend, a licence, includes impose a condition on a licence that was unconditional before the amendment.