Section 126 of the Transport Operations (Road Use Management) Act Queensland states:

(1) A person shall not-

(d) without lawful excuse (the proof of which shall be upon the person) have in the person's possession-

(i) any licence; or

(ii) any article resembling a licence and calculated to deceive; or

(iii) any document which was formerly a licence, but which is void, cancelled, suspended, or surrendered...

beyond a reasonable doubt:

The accused:

(1) Held in their possession:

(a) a licence; OR

(b) a fake licence; OR

(c) a void, cancelled, suspended or surrendered licence; AND

(2) Did not have a lawful excuse for holding that licence.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty- 40 penalty units or 6 months imprisonment.

Penalty unit = $100.00

Under section 3(5) of the Criminal Code Act  Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.

Possible defences to this offence include but are not limited to

1. Duress - example: there was a threat of harm to the accused or another person that the accused reasonably believed would be carried out if he/she did not do the act that constituted the offence.

2. Insanity

3. Identification i.e. not the accused

4. Lawful excuse - examples:

(a) You are the licencee with respect to that licence;

(b) You did not possess the licence knowingly;

(c) You had an honest and reasonable, but mistaken belief that the licence was legitimate and authorised to be used by you;

The licence was in fact legitimate and authorised to be used by you.