Traffic Amendment Regulation (No 5) 1991 (Qld)

Queensland Subordinate Legislation 1991 No. 198 Traffic Act 1949 TRAFFIC AMENDMENT REGULATION (No. 5) 1991 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Insertion of new s.108G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 108G Application for a provisional licence under s.16B(7) of the Act . . 2 4 Insertion of new Part 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 17A—OFFENCES DEALT WITH UNDER S.16B OF THE ACT 142A. Prescribed penalties etc. for offences dealt with under s.16B of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 142B. Prescribed circumstances for withdrawal of a notice . . . . . . . . . . . 3 Short title 1. This regulation may be cited as the Traffic Amendment Regulation (No. 5) 1991 . Amended regulation 2. The Traffic Regulation 1962 is amended as set out in this regulation.

2 Traffic Amendment Regulation (No. 5) 1991 Insertion of new s.108G 3. After section 108F— insert— ‘Application for a provisional licence under s.16B(7) of the Act ‘108G. An application under section 16B(7) of the Act, for an order directing that a person be issued with a provisional licence, must be made in the form approved by the Minister. ’. Insertion of new Part 17A 4. After section 142— insert— ‘PART 17A—OFFENCES DEALT WITH UNDER S.16B OF THE ACT ‘Prescribed penalties etc. for offences dealt with under s.16B of the Act‘142A.(1) For the purposes of section 16B of the Act— (a) Table 1 sets out the prescribed penalty; and (b) Table 2 sets out the prescribed period of disqualification from holding or obtaining a driver’s licence; for an offence to which section 16B applies. ‘(2) In Table 1 and Table 2, the concentration of alcohol in a person’s blood is expressed in terms of the number of milligrams of alcohol per 100 millilitres of the person’s blood.

3 Traffic Amendment Regulation (No. 5) 1991 ‘Table 1—Penalties Concentration of alcohol in a person’s blood less than 50 50 but less than 70 70 but less than 90 90 but less than 110 110 but less than 130 130 but less than 150 Penalty $ 100.00 100.00 250.00 400.00 500.00 600.00 ‘Table 2—Disqualification Periods Concentration of alcohol in a person's blood Disqualification period (months) for an offence under— s.16(2)(a) s.16(2)(aa) s.16(2)(ab) of the Act of the Act of the Act less than 50 50 but less than 70 70 but less than 90 90 but less than 110 110 but less than 130 130 but less than 150 — 3 13 23 33 55 77 1 1 2 3 5 7 ‘Prescribed circumstances for withdrawal of a notice ‘142B. For the purpose of section 16B(12) of the Act, the prescribed circumstances in which the District Superintendent may withdraw a notice served on a person are that—

4 Traffic Amendment Regulation (No. 5) 1991 (a) a detail entered on the notice by a police officer is incorrect in a material particular; or (b) at or about the time of the commission of the alleged offence to which the notice relates, the person has committed an indictable offence in relation to the use of the motor vehicle involved in the commission of the alleged offence. ’. ENDNOTES 1. Made by the Governor in Council on 19 December 1991. 2. Published in the Gazette on 21 December 1991. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. The State of Queensland 1991