Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as Made(1) A court may make a section 79E order only if the court is satisfied--
(a) the applicant for the order is a fit and proper person to continue to drive, having regard to the applicant's traffic history, the safety of other road users and the public generally; and
(b) that if the order is made, having regard to the applicant's traffic history, there would not be an unacceptable risk of the applicant committing an offence against section 79 or 80 of the Act; and
(c) a refusal to make the order would--
(i) cause extreme hardship to the applicant or the applicant's family by depriving the applicant of the applicant's means of earning a living; or
(ii) cause severe and unusual hardship to the applicant or the applicant's family, in a way other than by depriving the applicant of the applicant's means of earning a living; and
(d) when the order is made, the applicant holds an open licence that would be valid but for the suspension, under section 79B(2) of the Act, to which the order relates.
Note--
See also section 79E(1) of the Act for requirements about eligibility to apply for a section 79E order and the charges in relation to which a section 79E order may be made.
(2) For subsection (1)(c)(i), the applicant must give the following to the court--
(a) an affidavit made by the applicant outlining how the refusal to make the order would cause extreme hardship to the applicant or the applicant's family;
(b) if the applicant is not self-employed--an affidavit made by the applicant's employer confirming the applicant would be deprived of the applicant's means of earning a living if the application is refused.
(3) For subsection (1)(c)(ii), the applicant must give to the court an affidavit made by the applicant that--
(a) outlines how the refusal to make the order would cause severe and unusual hardship to the applicant or the applicant's family; and
(b) has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of evidence, in support of each matter stated in the affidavit.