Queensland Consolidated Acts Queensland Consolidated Acts(1) Upon an indictment charging a person with any offence in connection with or arising out of the driving of a motor vehicle by the person (not being the offence defined in section 328A), the person may be convicted of the offence defined in section 328A with or without a circumstance of aggravation specified in section 328A(4), if such offence is established by the evidence.
(2) The provisions of this section shall apply notwithstanding the provisions of section 576.