Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as Made(1) This section applies if the chief executive--
(a) has, under section 23, refused to grant a person--
(i) a Queensland driver licence; or
(ii) a particular class or type of Queensland driver licence; or
(b) has, under section 23, refused to renew a person's licence; or
(c) has, under section 32, decided not to grant an application for approval of a young driver's completed logbook; or
(d) has, under section 33, decided not to grant any part of an application for credit for a number of hours of supervised driving in a car on a road by a young driver; or
(e) has, under section 34, decided not to grant a young driver an exemption from the logbook requirements; or
(f) has, under section 38, decided not to approve an application under that section; or
(g) has, under section 71, decided not to grant a certificate of exemption about a person driving a high-powered vehicle; or
(h) has, under section 73, decided not to grant a certificate of exemption about a person driving a motor vehicle between the hours of 11p.m. on a day and 5a.m. on the next day; or
(i) has, under section 125, amended, suspended or cancelled a person's licence; or
(j) has, under section 126, immediately amended or suspended a person's licence; or
(k) has, under section 128(3), immediately withdrawn a person's authority to drive in Queensland; or
(l) has, under section 130, required a person to take a practical driving test at a particular time and place.
(2) The person may apply, in the approved form, to the chief executive to reconsider the original decision.
(3) The application must be made--
(a) for an original decision mentioned in subsection (1)(a) to (k)--within 28 days after--
(i) the day the notice of the decision is given to the person; or
(ii) if the applicant is given oral notice of the decision and asks for written notice--the day the written notice is given to the applicant; or
(b) for an original decision mentioned in subsection (1)(l)--within 7 days after the day the notice of the requirement is given to the person under section 130(2).
(4) After reconsidering the original decision, the chief executive may--
(a) confirm the decision; or
(b) set aside the decision and substitute another decision.
(5) The chief executive must give the person a notice stating--
(a) the reconsidered decision; and
(b) that the person may--
(i) if the original decision is a decision mentioned in subsection (1)(a), (b), (i) or (j)--under section 131(1AA) of the Act, apply to QCAT--
(A) for a review of the reconsidered decision; and
(B) unless the original decision is a prescribed licence decision--for a stay of the reconsidered decision; or
(ii) if the original decision is a decision mentioned in subsection (1)(c) to (h), (k) or (l)--under section 65A of the Act, apply to QCAT--
(A) for a review of the reconsidered decision; and
(B) unless the original decision is a prescribed authority decision--for a stay of the reconsidered decision.
(6) If the original decision is a decision mentioned in subsection (1)(c) to (h), (k) or (l), section 65A of the Act applies to the reconsidered decision as if it were a reviewed decision mentioned in that section.
(7) To remove any doubt, it is declared that a person may not apply, under subsection (2), to the chief executive to reconsider an original decision mentioned in subsection (1)(a), (b), (i) or (j) if--
(a) the person has applied to QCAT under section 131(1AA) of the Act for a review of the decision; and
(b) QCAT has decided the application.
(8) In this section--
original decision means a decision mentioned in any of paragraphs (a) to (l) of subsection (1).
prescribed authority decision means a decision to withdraw a person's authority to drive on a Queensland road under a non-Queensland driver licence if the reason, or 1 of the reasons, for the decision is the person's mental or physical incapacity.
prescribed licence decision means a decision to suspend, cancel or immediately suspend a person's licence if the reason, or 1 of the reasons, for the decision is the person's mental or physical incapacity.
reconsidered decision means the chief executive's decision on the reconsideration of an original decision.