{"id":"F2006L00273","name":"National Transport Commission (Road Transport Legislation – Driver Licensing) Regulations 2006","slug":"national-transport-commission-road-transport-legislation-driver-licensing-regulations-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"19 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":116854,"registerId":"commonwealth-F2006L00273-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n These Regulations are the National Transport Commission (Road Transport Legislation—Driver Licensing) Regulations 2006.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n These Regulations commence on the day after they are registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Road transport legislation—driver licensing","content":"#### 3 Road transport legislation—driver licensing\n\n For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedules 1 and 2 set out road transport legislation about driver licensing.\n\n> Note 1: The road transport legislation set out in Schedules 1 and 2 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).\n\n> Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).\n\n> Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.\n\n> Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.\n\n> Note 5: The texts set out in Schedules 1 and 2 are those of 2 documents prepared, as ‘in‑principle’ drafts of legislation, by the former National Road Transport Commission and approved by the Ministerial Council for Road Transport on 15 December 1997:\n\n  Schedule 1—National Driver Licensing Scheme—Primary Principles\n  Schedule 2—National Driver Licensing Scheme—Supporting Principles.\n\n> Note: The documents were never converted into formal legislation. The text set out in the Schedules has been formatted in accordance with current legislative practice as far as possible. It is otherwise unaltered.","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Penalties","content":"#### 4 Penalties\n\n (1) The Primary and Supporting Principles do not list penalties for offences against the amended driver licensing law.\n (2) It is intended that the penalties will be determined in the National Road Transport Commission’s Compliance and Enforcement Module.\n (3) In the interim, State and internal Territory penalty levels may apply.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Definitions","content":"## Part 2—Definitions","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n Expressions used in the Primary Principles that are defined in the Dictionary to the Principles have the meanings given to them in the Dictionary unless the context or subject matter otherwise indicates or requires.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Driver licensing system","content":"## Part 1—Preliminary\n\n#### 1 Commencement\n\n A national driver licensing scheme modelled on the Primary and Supporting Principles set out in this document is scheduled for implementation in all Australian States and Territories by February 1999.\n\n#### 2 Purposes\n\n (1) The purposes of the scheme are to:\n (a) provide for the establishment of an Australia‑wide driver licensing system that is designed to provide:\n (i) uniform licence classes for the drivers of motor vehicles; and\n (ii) uniform attendant eligibility criteria for those licence classes; and\n (b) define the responsibilities of people in respect of driver licensing; and\n (c) provide a means of identifying licensed drivers of motor vehicles; and\n (d) facilitate the regulation of drivers of motor vehicles in the interests of safety and efficiency and law enforcement generally; and\n (e) provide a means of enforcing safety standards relating to the driving of motor vehicles on roads and road related areas; and\n (f) facilitate:\n (i) the recovery of expenses incurred in administering the system; and\n (ii) the collection of licence fees.\n (2) However, these Primary Principles (other than primary principle 25) are not intended to affect existing State and Territory laws relating to learner licences, provisional licences, restricted licences or people holding those licences.\n (3) The Primary Principles, Supporting Principles and the resulting amended driver licensing law are intended to improve road safety and transport efficiency, and reduce the costs of administering road transport.\n\n#### 3 Binding the Crown\n\n (1) It is intended that the amended driver licensing law of the States and Territories will bind the Crown in all its capacities.\n (2) However, it is not intended that the Crown be made liable to be prosecuted for an offence.\n\n#### 4 Penalties\n\n (1) The Primary and Supporting Principles do not list penalties for offences against the amended driver licensing law.\n (2) It is intended that the penalties will be determined in the National Road Transport Commission’s Compliance and Enforcement Module.\n (3) In the interim, State and internal Territory penalty levels may apply.\n\n## Part 2—Definitions\n\n#### 5 Definitions\n\n Expressions used in the Primary Principles that are defined in the Dictionary to the Principles have the meanings given to them in the Dictionary unless the context or subject matter otherwise indicates or requires.\n\n## Part 3—Driver licensing system\n\n### Division 1—Driver licensing authority\n\n#### 6 Minister to appoint driver licensing authority\n\n The Minister may, by notice in the Gazette, appoint an authority to administer the driver licensing system established by the Primary and Supporting Principles.\n\n#### 7 Fixing fees\n\n (1) The Minister or the driver licensing authority may, by notice in the Gazette, fix fees for services provided by the driver licensing authority in connection with the licensing of drivers, or the renewal or late renewal of driver licences.\n (2) While fees of that kind fixed by one of those means are in force, fees of that kind cannot be fixed by another of those means.\n (3) This principle is not intended to prevent a law, other than the amended driver licensing law, fixing fees for services provided by the driver licensing authority.\n\n#### 8 Functions of driver licensing authority\n\n The functions of the driver licensing authority are:\n (a) to administer the driver licensing system established by the Primary and Supporting Principles; and\n (b) to maintain a driver licence register in accordance with the Supporting Principles; and\n (c) to maintain a demerit points register in accordance with the Supporting Principles; and\n (d) to provide information about drivers in accordance with the Supporting Principles; and\n (e) such other functions as are conferred by the Primary Principles or the Supporting Principles.\n\n> Note: In relation to paragraph 8(d), the Supporting Principles do not preclude the driver licensing authority from the release or sale of statistical data calculated from the register.\n\n#### 9 Powers of driver licensing authority\n\n The amended driver licensing law shall provide that the driver licensing authority has all the powers it needs to carry out its functions.\n\n#### 10 Driver licensing authority not to issue or renew licence in certain circumstances\n\n (1) The driver licensing authority must not issue a driver licence to a person unless it is satisfied that:\n (a) the person is eligible to be issued with the driver licence; and\n (b) if the person is the holder of an Australian driver licence or a licence to drive a motor vehicle in a foreign country  that licence has been surrendered;\n in accordance with the Supporting Principles.\n (2) However, the driver licensing authority may issue a driver licence to a person without the person surrendering the person’s licence to drive a motor vehicle in a foreign country in circumstances prescribed by the Supporting Principles.\n (3) The driver licensing authority must not renew a driver licence of a person if it is satisfied that the person no longer resides within the jurisdiction.\n\n> Note: Subprinciple 10(3) does not apply to a person who resides temporarily outside the jurisdiction.\n\n#### 11 Recognition of offences for which demerit points are incurred\n\n (1) The driver licensing authority may, in writing:\n (a) recognise offences created under a law in force in this or another jurisdiction that are not on the national schedule of demerit points as being offences for which the authority will apply demerit points to drivers; and\n (b) specify the number of demerit points incurred for each of those offences.\n (2) The driver licensing authority must publish a notice in the of the offences recognised under subprinciple (1) and the number of demerit points specified for each of those offences.\n\n#### 12 Demerit points\n\n Recording of demerit points\n (1) Demerit points incurred by a person for an offence are to be recorded in the demerit points register in respect of the day on which the offence was committed.\n Licence suspension for demerit points\n (2) The driver licensing authority must give a notice of licence suspension to the holder of a driver licence who incurs 12 or more demerit points within the previous 3 years.\n (3) The period of licence suspension under subprinciple (2) is the period applicable under the table.\n\n```html\n

Licence suspension for demerit points

Item

Number of demerit points incurred within previous 3 years

Period of licence suspension

1

12 to 15

3 months

2

16 to 19

4 months

3

20 or more

5 months

\n```\n\n (4) If a person who has been served with a notice of licence suspension does not make an election under subprinciple (6), the person’s driver licence is suspended for the period applicable under subprinciple (3) from the date specified in the notice.\n (5) On the commencement of a period of suspension or a period of good behaviour (see subprinciple (6)), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.\n Alternative to suspension\n (6) A person who incurs at least 12 demerit points within the previous 3 years may, within 21 days after being served with a notice of licence suspension by the driver licensing authority, notify the authority in writing that he or she elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months from the day on which the licence would have been suspended.\n (7) If a person who makes an election in accordance with subprinciple (6) incurs 2 or more demerit points during the 12 months period, the driver licensing authority must give the person a notice suspending the person’s driver licence, commencing on a day specified in the notice, for twice the period that would have applied to the person under subprinciple (3) if the person had not made the election.\n (8) On the commencement of the period of suspension referred to in subprinciple (7), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.\n (9) However, demerit points incurred by a person:\n (a) after the person is served with a notice of licence suspension but before the suspension begins; or\n (b) if the person makes an election in accordance with subprinciple (6)—after the person is served with the notice of licence suspension and before the 12 month period of good behaviour;\n are to be taken into account for the purposes of subprinciple (2) from the end of the period of licence suspension or period of good behaviour.\n\n#### 13 Demerit points penalties not affected by court‑imposed penalties\n\n (1) A period of licence suspension under principle 12 is in addition to a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to:\n (a) driving offences involving the use of alcohol or other drugs; or\n (b) speeding; or\n (c) the non‑payment of fines.\n (2) Demerit points recorded in the demerit points register against a person are not affected by a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to a matter referred to in paragraph (1)(a), (b) or (c).\n\n#### 14 Mutual recognition\n\n (1) The driver licensing authority must, in accordance with the Supporting Principles, recognise:\n (a) driver licences issued by another jurisdiction; and\n (b) licence conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to that other jurisdiction.\n (2) If:\n (a) a person:\n (i) commits an offence in this jurisdiction that is included in the national schedule of demerit points; or\n (ii) pays the amount specified in an infringement notice for such an offence; and\n (b) the person holds a driver licence issued by another driver licensing authority;\n the driver licensing authority must, as soon as practicable, transmit all relevant information about the offence to the other driver licensing authority.\n (3) If the person is not the holder of an Australian driver licence, the driver licensing authority must transmit the relevant information about the offence to the driver licensing authority of the State or internal Territory in which the person resides.\n (4) However, the driver licensing authority is not required to transmit any information until after:\n (a) if the person appeals against a conviction for the offence and the appeal is dismissed—the dismissal of the appeal; or\n (b) if the person does not appeal—the last time at which the person could have appealed.\n (5) If the driver licensing authority receives information about a person from another driver licensing authority under the provision of the law of the other jurisdiction that corresponds to this principle, the driver licensing authority must take the action it would have taken if the offence had been committed in this jurisdiction.\n\n#### 15 Security of information in registers\n\n The driver licensing authority must ensure that the information contained in the driver licence register or the demerit points register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the Supporting Principles.\n\n#### 16 Delegation by driver licensing authority\n\n The driver licensing authority may, by signed instrument, delegate to a prescribed person all or any of its powers under the Primary or Supporting Principles.\n\n### Division 2—Regulations\n\n#### 17 Regulations to be based on Supporting Principles\n\n (1) The State or Territory may make regulations consistent with the Supporting Principles prescribing matters:\n (a) required or permitted to be prescribed by the Primary Principles; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to the Primary Principles.\n (2) The regulations may apply, adopt or incorporate by reference documents published by the National Road Transport Commission and approved by the Ministerial Council for Road Transport, either as published or as amended from time to time.\n\n#### 18 Model driver licensing system\n\n (1) The Supporting Principles provide a system of licensing drivers of motor vehicles that are used on roads or road related areas that:\n (a) provides a means of authorising the driving of motor vehicles on roads and road related areas; and\n (b) enables the identification of licensed drivers of motor vehicles.\n (2) The Supporting Principles:\n (a) provide for the issue and renewal of driver licences, and for the imposition of conditions on driver licences; and\n (b) provide for the cancellation, variation and suspension of driver licences; and\n (c) fix the periods for which a driver licence or renewal remains in force; and\n (d) require the production of specified information by:\n (i) applicants for driver licences or renewals of driver licences; or\n (ii) holders of driver licences; and\n (e) provide for the issue of infringement notices for specified offences; and\n (f) provide for the recognition by the driver licensing authority of things done under a corresponding law of another jurisdiction; and\n (g) provide for a refund, in accordance with the Supporting Principles, of part of a licence fee where a driver licence is surrendered before it expires; and\n (h) provide for the collection of:\n (i) licence fees; and\n (ii) fees fixed under the amended driver licensing law or another law relating to services provided by the driver licensing authority; and\n (i) provide for the approval by the driver licensing authority of the form in which applications are to be made to the authority, and the form in which documents are to be issued by the authority, for the purposes of the Supporting Principles; and\n (j) provide that the amended driver licensing law, or specified provisions of the amended law, do not apply to a driver, or drivers of a kind, identified in the Supporting Principles; and\n (k) allow the driver licensing authority to revoke, in the manner and in circumstances specified in the Supporting Principles, an exemption for a driver, or drivers of a kind, given under the amended driver licensing law made for the purposes of paragraph (j); and\n (l) prescribe different classes of driver licences, and grade each class by reference to the driving skills required for each class, and the eligibility criteria for the issue of each class; and\n (m) allow the driver licensing authority to exempt a person from the requirement to hold a driver licence or a driver licence of a particular class (an exemption may be subject to conditions imposed by the driver licensing authority); and\n (n) provide for the maintenance of a driver licence register and a demerit points register; and\n (o) prescribe:\n (i) the form in which the driver licensing authority is to issue evidence of the authority to drive a motor vehicle provided by a driver licence; and\n (ii) the circumstances in which that evidence must be surrendered or returned to the driver licensing authority; and\n (p) prescribe transitional arrangements for the transition to the amended driver licensing law from the driver licensing system that was previously in operation.\n (3) The Supporting Principles prescribe the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points.\n (4) The Supporting Principles list offences for breaches of the amended driver licensing law.\n\n#### 19 Power to include or exclude areas\n\n (1) The Minister may declare, by notice in the Gazette, that the amended driver licensing law, or specified provisions of the amended law:\n (a) apply to a specified area of the jurisdiction that is open to or used by the public; or\n (b) do not apply to a specified road or road related area.\n (2) The declaration has effect until it is revoked, or for the period specified in the declaration.\n\n#### 20 Review of decisions\n\n The amended driver licensing law is to provide a system for review of decisions of the driver licensing authority identified in the Supporting Principles.\n\n## Part 4—Offences\n\n#### 21 Driving when unlicensed or disqualified\n\n (1) A person who drives a motor vehicle of a type for which an Australian driver licence is required on a road or road related area is guilty of an offence if the person is unlicensed or has been disqualified from driving a motor vehicle by a court in Australia.\n (2) A person is unlicensed if:\n (a) the person drives a motor vehicle without being the holder of an Australian driver licence or a learner licence authorising the driving of a vehicle of the vehicle’s class; or\n (b) an Australian driver licence or other authority of the person to drive a motor vehicle in any State or internal Territory is:\n (i) suspended; or\n (ii) cancelled and the person has not subsequently been issued another licence or authority to drive.\n (3) However, a person is not to be treated as being unlicensed if the person is exempted under the amended driver licensing law from the requirement to hold a driver licence to drive a vehicle of the vehicle’s class.\n\n#### 22 Obtaining driver licence by false statements\n\n (1) A person is guilty of an offence if the person:\n (a) by a false statement or any misrepresentation or other dishonest means, obtains or attempts to obtain a driver licence or the renewal of a driver licence; or\n (b) without lawful authority or excuse, possesses a driver licence obtained or renewed using those means.\n (2) A driver licence so obtained or renewed is void, and the driver licensing authority may alter the driver licence register accordingly.\n\n#### 23 Evidentiary provisions\n\n (1) A court may admit as evidence a document that appears to be signed on behalf of the driver licensing authority certifying a matter that appears in or can be calculated from the driver licence register or another record kept by the driver licensing authority.\n (2) A court may admit as evidence a document that is issued under the law of another jurisdiction that relates to:\n (a) whether a person has a driver licence or other authority to drive a motor vehicle, the extent of the authority conferred by a licence or other authority and any conditions of that licence or other authority; or\n (b) any offence found to have been committed by a person in relation to the driving of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence; or\n (c) demerit points incurred by a person.\n (3) The court must accept the documents as proof of the facts stated in them if there is no evidence to the contrary.\n (4) A court may admit into evidence other documents prescribed by the amended driver licensing law in the circumstances set out in the Supporting Principles.\n\n## Part 5—General\n\n#### 24 Indemnity\n\n (1) An individual does not incur civil liability for an act or omission done honestly and in good faith in the course of his or her duties under the Primary Principles or Supporting Principles.\n (2) A liability that would, apart from subprinciple (1), attach to an individual because of an act or omission done honestly and in good faith in the course of his or her duties attaches instead to:\n (a) for an act or omission of a member of the police force—the government; or\n (b) for an act or omission of a person acting for the driver licensing authority—that authority.\n (3) An individual does not incur civil or criminal liability for carrying out a test or examination in accordance with the Supporting Principles and expressing to the driver licensing authority in good faith an opinion formed as a result of having carried out the test or examination.\n (4) An individual does not incur civil or criminal liability for reporting to the driver licensing authority, in good faith, information that discloses or suggests that:\n (a) another person is or may be unfit to drive; or\n (b) it may be dangerous to allow another person to hold or be issued a driver licence or a variation of a driver licence.\n\n#### 25 Learner drivers\n\n The holder of an Australian driver licence may drive a motor vehicle for which a higher class of driver licence would normally be required if:\n (a) the higher class is one for which the person would next be eligible to apply in accordance with the Supporting Principles; and\n (b) the driver is receiving tuition from, and is accompanied by, a person who:\n (i) has held that higher class of driver licence (other than a provisional licence) for at least one year; and\n (ii) is providing the tuition in accordance with the laws of the jurisdiction about driver instruction and the display of signs on vehicles used for that purpose.\n\n## Part 6—Dictionary\n\n#### 26 Definitions\n\n> Australian driver licence means:\n\n (a) a driver licence; or\n (b) a licence, probationary licence, conditional licence, provisional licence or driver licence receipt (other than a learner licence) issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.\n\n> class, of a driver licence, means a class of licence established by the Supporting Principles.\n\n> conditional licence means a licence issued as a conditional licence in accordance with the Supporting Principles.\n\n> Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949.\n\n> corresponding law means the law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.\n\n> drive includes having control over the steering, movement or propulsion of a vehicle.\n\n> driver licence means:\n\n (a) a licence (including a probationary licence and a conditional licence but not including a provisional or learner licence) issued in accordance with the Supporting Principles authorising the holder to drive one or more classes of motor vehicle on a road or road related area; or\n (b) a driver licence receipt.\n\n> driver licence receipt means a receipt that:\n\n (a) is issued following an application for an Australian driver licence and after payment of any applicable fee; and\n (b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.\n\n> driver licensing authority means the authority appointed by the Minister under primary principle 6.\n\n> foreign driver licence means a licence to drive a motor vehicle held by an international visitor and issued in the country in which the person is ordinarily resident.\n\n> Gazette means the Government of the State or Territory concerned.\n\n> infringement notice means a notice giving a person alleged to have committed an offence described in the Supporting Principles the option of paying an amount instead of being charged with the offence.\n\n> international driving permit means a permit issued by:\n\n (a) a competent authority of a Contracting State or a subdivision of such a State; or\n (b) an association duly empowered by such an authority;\n in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.\n\n> international visitor means a person who:\n\n (a) is ordinarily resident in a foreign country; and\n (b) is not a permanent resident of Australia.\n\n> learner licence means a licence or permit issued to a person under a law in force in a State or internal Territory to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.\n\n> licence fee means a tax or charge, however described, imposed on drivers of motor vehicles under another law of the jurisdiction.\n\n> member of the police force means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member (however described) of the police force of a State or Territory; or\n (c) a service police officer within the meaning of the Defence Force Discipline Act 1982.\n\n> motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.\n\n> national schedule of demerit points means the schedule of driving offences and corresponding demerit points prescribed in the Supporting Principles.\n\n> probationary licence means a licence to drive a motor vehicle:\n\n (a) issued to a person who applies for a driver licence following a period of disqualification from driving ordered by a court in Australia; or\n (b) issued to replace an equivalent licence issued under a corresponding law.\n\n> provisional licence means a licence (other than a learner licence) to drive a motor vehicle, issued under a law in force in a State or internal Territory, which is subject to conditions, restrictions, or qualifications because of the lack of driving experience of the licence holder.\n\n> restricted licence means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of his or her employment or in other specified restricted circumstances.\n\n> road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.\n\n> road related area means:\n\n (a) an area that divides a road; or\n (b) a footpath or nature strip adjacent to a road; or\n (c) an area that is open to the public and is designated for use by cyclists or animals; or\n (d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or\n (e) any other area that is open to or used by the public and that has been declared under primary principle 19 to be an area to which specified provisions of the amended driver licensing law apply.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Driver licensing authority","content":"## Part 1—Preliminary\n\n#### 1 Commencement\n\n A national driver licensing scheme modelled on the Primary and Supporting Principles set out in this document is scheduled for implementation in all Australian States and Territories by February 1999.\n\n#### 2 Purposes\n\n (1) The purposes of the scheme are to:\n (a) provide for the establishment of an Australia‑wide driver licensing system that is designed to provide:\n (i) uniform licence classes for the drivers of motor vehicles; and\n (ii) uniform attendant eligibility criteria for those licence classes; and\n (b) define the responsibilities of people in respect of driver licensing; and\n (c) provide a means of identifying licensed drivers of motor vehicles; and\n (d) facilitate the regulation of drivers of motor vehicles in the interests of safety and efficiency and law enforcement generally; and\n (e) provide a means of enforcing safety standards relating to the driving of motor vehicles on roads and road related areas; and\n (f) facilitate:\n (i) the recovery of expenses incurred in administering the system; and\n (ii) the collection of licence fees.\n (2) However, these Primary Principles (other than primary principle 25) are not intended to affect existing State and Territory laws relating to learner licences, provisional licences, restricted licences or people holding those licences.\n (3) The Primary Principles, Supporting Principles and the resulting amended driver licensing law are intended to improve road safety and transport efficiency, and reduce the costs of administering road transport.\n\n#### 3 Binding the Crown\n\n (1) It is intended that the amended driver licensing law of the States and Territories will bind the Crown in all its capacities.\n (2) However, it is not intended that the Crown be made liable to be prosecuted for an offence.\n\n#### 4 Penalties\n\n (1) The Primary and Supporting Principles do not list penalties for offences against the amended driver licensing law.\n (2) It is intended that the penalties will be determined in the National Road Transport Commission’s Compliance and Enforcement Module.\n (3) In the interim, State and internal Territory penalty levels may apply.\n\n## Part 2—Definitions\n\n#### 5 Definitions\n\n Expressions used in the Primary Principles that are defined in the Dictionary to the Principles have the meanings given to them in the Dictionary unless the context or subject matter otherwise indicates or requires.\n\n## Part 3—Driver licensing system\n\n### Division 1—Driver licensing authority\n\n#### 6 Minister to appoint driver licensing authority\n\n The Minister may, by notice in the Gazette, appoint an authority to administer the driver licensing system established by the Primary and Supporting Principles.\n\n#### 7 Fixing fees\n\n (1) The Minister or the driver licensing authority may, by notice in the Gazette, fix fees for services provided by the driver licensing authority in connection with the licensing of drivers, or the renewal or late renewal of driver licences.\n (2) While fees of that kind fixed by one of those means are in force, fees of that kind cannot be fixed by another of those means.\n (3) This principle is not intended to prevent a law, other than the amended driver licensing law, fixing fees for services provided by the driver licensing authority.\n\n#### 8 Functions of driver licensing authority\n\n The functions of the driver licensing authority are:\n (a) to administer the driver licensing system established by the Primary and Supporting Principles; and\n (b) to maintain a driver licence register in accordance with the Supporting Principles; and\n (c) to maintain a demerit points register in accordance with the Supporting Principles; and\n (d) to provide information about drivers in accordance with the Supporting Principles; and\n (e) such other functions as are conferred by the Primary Principles or the Supporting Principles.\n\n> Note: In relation to paragraph 8(d), the Supporting Principles do not preclude the driver licensing authority from the release or sale of statistical data calculated from the register.\n\n#### 9 Powers of driver licensing authority\n\n The amended driver licensing law shall provide that the driver licensing authority has all the powers it needs to carry out its functions.\n\n#### 10 Driver licensing authority not to issue or renew licence in certain circumstances\n\n (1) The driver licensing authority must not issue a driver licence to a person unless it is satisfied that:\n (a) the person is eligible to be issued with the driver licence; and\n (b) if the person is the holder of an Australian driver licence or a licence to drive a motor vehicle in a foreign country  that licence has been surrendered;\n in accordance with the Supporting Principles.\n (2) However, the driver licensing authority may issue a driver licence to a person without the person surrendering the person’s licence to drive a motor vehicle in a foreign country in circumstances prescribed by the Supporting Principles.\n (3) The driver licensing authority must not renew a driver licence of a person if it is satisfied that the person no longer resides within the jurisdiction.\n\n> Note: Subprinciple 10(3) does not apply to a person who resides temporarily outside the jurisdiction.\n\n#### 11 Recognition of offences for which demerit points are incurred\n\n (1) The driver licensing authority may, in writing:\n (a) recognise offences created under a law in force in this or another jurisdiction that are not on the national schedule of demerit points as being offences for which the authority will apply demerit points to drivers; and\n (b) specify the number of demerit points incurred for each of those offences.\n (2) The driver licensing authority must publish a notice in the of the offences recognised under subprinciple (1) and the number of demerit points specified for each of those offences.\n\n#### 12 Demerit points\n\n Recording of demerit points\n (1) Demerit points incurred by a person for an offence are to be recorded in the demerit points register in respect of the day on which the offence was committed.\n Licence suspension for demerit points\n (2) The driver licensing authority must give a notice of licence suspension to the holder of a driver licence who incurs 12 or more demerit points within the previous 3 years.\n (3) The period of licence suspension under subprinciple (2) is the period applicable under the table.\n\n```html\n

Licence suspension for demerit points

Item

Number of demerit points incurred within previous 3 years

Period of licence suspension

1

12 to 15

3 months

2

16 to 19

4 months

3

20 or more

5 months

\n```\n\n (4) If a person who has been served with a notice of licence suspension does not make an election under subprinciple (6), the person’s driver licence is suspended for the period applicable under subprinciple (3) from the date specified in the notice.\n (5) On the commencement of a period of suspension or a period of good behaviour (see subprinciple (6)), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.\n Alternative to suspension\n (6) A person who incurs at least 12 demerit points within the previous 3 years may, within 21 days after being served with a notice of licence suspension by the driver licensing authority, notify the authority in writing that he or she elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months from the day on which the licence would have been suspended.\n (7) If a person who makes an election in accordance with subprinciple (6) incurs 2 or more demerit points during the 12 months period, the driver licensing authority must give the person a notice suspending the person’s driver licence, commencing on a day specified in the notice, for twice the period that would have applied to the person under subprinciple (3) if the person had not made the election.\n (8) On the commencement of the period of suspension referred to in subprinciple (7), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.\n (9) However, demerit points incurred by a person:\n (a) after the person is served with a notice of licence suspension but before the suspension begins; or\n (b) if the person makes an election in accordance with subprinciple (6)—after the person is served with the notice of licence suspension and before the 12 month period of good behaviour;\n are to be taken into account for the purposes of subprinciple (2) from the end of the period of licence suspension or period of good behaviour.\n\n#### 13 Demerit points penalties not affected by court‑imposed penalties\n\n (1) A period of licence suspension under principle 12 is in addition to a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to:\n (a) driving offences involving the use of alcohol or other drugs; or\n (b) speeding; or\n (c) the non‑payment of fines.\n (2) Demerit points recorded in the demerit points register against a person are not affected by a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to a matter referred to in paragraph (1)(a), (b) or (c).\n\n#### 14 Mutual recognition\n\n (1) The driver licensing authority must, in accordance with the Supporting Principles, recognise:\n (a) driver licences issued by another jurisdiction; and\n (b) licence conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to that other jurisdiction.\n (2) If:\n (a) a person:\n (i) commits an offence in this jurisdiction that is included in the national schedule of demerit points; or\n (ii) pays the amount specified in an infringement notice for such an offence; and\n (b) the person holds a driver licence issued by another driver licensing authority;\n the driver licensing authority must, as soon as practicable, transmit all relevant information about the offence to the other driver licensing authority.\n (3) If the person is not the holder of an Australian driver licence, the driver licensing authority must transmit the relevant information about the offence to the driver licensing authority of the State or internal Territory in which the person resides.\n (4) However, the driver licensing authority is not required to transmit any information until after:\n (a) if the person appeals against a conviction for the offence and the appeal is dismissed—the dismissal of the appeal; or\n (b) if the person does not appeal—the last time at which the person could have appealed.\n (5) If the driver licensing authority receives information about a person from another driver licensing authority under the provision of the law of the other jurisdiction that corresponds to this principle, the driver licensing authority must take the action it would have taken if the offence had been committed in this jurisdiction.\n\n#### 15 Security of information in registers\n\n The driver licensing authority must ensure that the information contained in the driver licence register or the demerit points register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the Supporting Principles.\n\n#### 16 Delegation by driver licensing authority\n\n The driver licensing authority may, by signed instrument, delegate to a prescribed person all or any of its powers under the Primary or Supporting Principles.\n\n### Division 2—Regulations\n\n#### 17 Regulations to be based on Supporting Principles\n\n (1) The State or Territory may make regulations consistent with the Supporting Principles prescribing matters:\n (a) required or permitted to be prescribed by the Primary Principles; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to the Primary Principles.\n (2) The regulations may apply, adopt or incorporate by reference documents published by the National Road Transport Commission and approved by the Ministerial Council for Road Transport, either as published or as amended from time to time.\n\n#### 18 Model driver licensing system\n\n (1) The Supporting Principles provide a system of licensing drivers of motor vehicles that are used on roads or road related areas that:\n (a) provides a means of authorising the driving of motor vehicles on roads and road related areas; and\n (b) enables the identification of licensed drivers of motor vehicles.\n (2) The Supporting Principles:\n (a) provide for the issue and renewal of driver licences, and for the imposition of conditions on driver licences; and\n (b) provide for the cancellation, variation and suspension of driver licences; and\n (c) fix the periods for which a driver licence or renewal remains in force; and\n (d) require the production of specified information by:\n (i) applicants for driver licences or renewals of driver licences; or\n (ii) holders of driver licences; and\n (e) provide for the issue of infringement notices for specified offences; and\n (f) provide for the recognition by the driver licensing authority of things done under a corresponding law of another jurisdiction; and\n (g) provide for a refund, in accordance with the Supporting Principles, of part of a licence fee where a driver licence is surrendered before it expires; and\n (h) provide for the collection of:\n (i) licence fees; and\n (ii) fees fixed under the amended driver licensing law or another law relating to services provided by the driver licensing authority; and\n (i) provide for the approval by the driver licensing authority of the form in which applications are to be made to the authority, and the form in which documents are to be issued by the authority, for the purposes of the Supporting Principles; and\n (j) provide that the amended driver licensing law, or specified provisions of the amended law, do not apply to a driver, or drivers of a kind, identified in the Supporting Principles; and\n (k) allow the driver licensing authority to revoke, in the manner and in circumstances specified in the Supporting Principles, an exemption for a driver, or drivers of a kind, given under the amended driver licensing law made for the purposes of paragraph (j); and\n (l) prescribe different classes of driver licences, and grade each class by reference to the driving skills required for each class, and the eligibility criteria for the issue of each class; and\n (m) allow the driver licensing authority to exempt a person from the requirement to hold a driver licence or a driver licence of a particular class (an exemption may be subject to conditions imposed by the driver licensing authority); and\n (n) provide for the maintenance of a driver licence register and a demerit points register; and\n (o) prescribe:\n (i) the form in which the driver licensing authority is to issue evidence of the authority to drive a motor vehicle provided by a driver licence; and\n (ii) the circumstances in which that evidence must be surrendered or returned to the driver licensing authority; and\n (p) prescribe transitional arrangements for the transition to the amended driver licensing law from the driver licensing system that was previously in operation.\n (3) The Supporting Principles prescribe the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points.\n (4) The Supporting Principles list offences for breaches of the amended driver licensing law.\n\n#### 19 Power to include or exclude areas\n\n (1) The Minister may declare, by notice in the Gazette, that the amended driver licensing law, or specified provisions of the amended law:\n (a) apply to a specified area of the jurisdiction that is open to or used by the public; or\n (b) do not apply to a specified road or road related area.\n (2) The declaration has effect until it is revoked, or for the period specified in the declaration.\n\n#### 20 Review of decisions\n\n The amended driver licensing law is to provide a system for review of decisions of the driver licensing authority identified in the Supporting Principles.\n\n## Part 4—Offences\n\n#### 21 Driving when unlicensed or disqualified\n\n (1) A person who drives a motor vehicle of a type for which an Australian driver licence is required on a road or road related area is guilty of an offence if the person is unlicensed or has been disqualified from driving a motor vehicle by a court in Australia.\n (2) A person is unlicensed if:\n (a) the person drives a motor vehicle without being the holder of an Australian driver licence or a learner licence authorising the driving of a vehicle of the vehicle’s class; or\n (b) an Australian driver licence or other authority of the person to drive a motor vehicle in any State or internal Territory is:\n (i) suspended; or\n (ii) cancelled and the person has not subsequently been issued another licence or authority to drive.\n (3) However, a person is not to be treated as being unlicensed if the person is exempted under the amended driver licensing law from the requirement to hold a driver licence to drive a vehicle of the vehicle’s class.\n\n#### 22 Obtaining driver licence by false statements\n\n (1) A person is guilty of an offence if the person:\n (a) by a false statement or any misrepresentation or other dishonest means, obtains or attempts to obtain a driver licence or the renewal of a driver licence; or\n (b) without lawful authority or excuse, possesses a driver licence obtained or renewed using those means.\n (2) A driver licence so obtained or renewed is void, and the driver licensing authority may alter the driver licence register accordingly.\n\n#### 23 Evidentiary provisions\n\n (1) A court may admit as evidence a document that appears to be signed on behalf of the driver licensing authority certifying a matter that appears in or can be calculated from the driver licence register or another record kept by the driver licensing authority.\n (2) A court may admit as evidence a document that is issued under the law of another jurisdiction that relates to:\n (a) whether a person has a driver licence or other authority to drive a motor vehicle, the extent of the authority conferred by a licence or other authority and any conditions of that licence or other authority; or\n (b) any offence found to have been committed by a person in relation to the driving of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence; or\n (c) demerit points incurred by a person.\n (3) The court must accept the documents as proof of the facts stated in them if there is no evidence to the contrary.\n (4) A court may admit into evidence other documents prescribed by the amended driver licensing law in the circumstances set out in the Supporting Principles.\n\n## Part 5—General\n\n#### 24 Indemnity\n\n (1) An individual does not incur civil liability for an act or omission done honestly and in good faith in the course of his or her duties under the Primary Principles or Supporting Principles.\n (2) A liability that would, apart from subprinciple (1), attach to an individual because of an act or omission done honestly and in good faith in the course of his or her duties attaches instead to:\n (a) for an act or omission of a member of the police force—the government; or\n (b) for an act or omission of a person acting for the driver licensing authority—that authority.\n (3) An individual does not incur civil or criminal liability for carrying out a test or examination in accordance with the Supporting Principles and expressing to the driver licensing authority in good faith an opinion formed as a result of having carried out the test or examination.\n (4) An individual does not incur civil or criminal liability for reporting to the driver licensing authority, in good faith, information that discloses or suggests that:\n (a) another person is or may be unfit to drive; or\n (b) it may be dangerous to allow another person to hold or be issued a driver licence or a variation of a driver licence.\n\n#### 25 Learner drivers\n\n The holder of an Australian driver licence may drive a motor vehicle for which a higher class of driver licence would normally be required if:\n (a) the higher class is one for which the person would next be eligible to apply in accordance with the Supporting Principles; and\n (b) the driver is receiving tuition from, and is accompanied by, a person who:\n (i) has held that higher class of driver licence (other than a provisional licence) for at least one year; and\n (ii) is providing the tuition in accordance with the laws of the jurisdiction about driver instruction and the display of signs on vehicles used for that purpose.\n\n## Part 6—Dictionary\n\n#### 26 Definitions\n\n> Australian driver licence means:\n\n (a) a driver licence; or\n (b) a licence, probationary licence, conditional licence, provisional licence or driver licence receipt (other than a learner licence) issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.\n\n> class, of a driver licence, means a class of licence established by the Supporting Principles.\n\n> conditional licence means a licence issued as a conditional licence in accordance with the Supporting Principles.\n\n> Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949.\n\n> corresponding law means the law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.\n\n> drive includes having control over the steering, movement or propulsion of a vehicle.\n\n> driver licence means:\n\n (a) a licence (including a probationary licence and a conditional licence but not including a provisional or learner licence) issued in accordance with the Supporting Principles authorising the holder to drive one or more classes of motor vehicle on a road or road related area; or\n (b) a driver licence receipt.\n\n> driver licence receipt means a receipt that:\n\n (a) is issued following an application for an Australian driver licence and after payment of any applicable fee; and\n (b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.\n\n> driver licensing authority means the authority appointed by the Minister under primary principle 6.\n\n> foreign driver licence means a licence to drive a motor vehicle held by an international visitor and issued in the country in which the person is ordinarily resident.\n\n> Gazette means the Government of the State or Territory concerned.\n\n> infringement notice means a notice giving a person alleged to have committed an offence described in the Supporting Principles the option of paying an amount instead of being charged with the offence.\n\n> international driving permit means a permit issued by:\n\n (a) a competent authority of a Contracting State or a subdivision of such a State; or\n (b) an association duly empowered by such an authority;\n in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.\n\n> international visitor means a person who:\n\n (a) is ordinarily resident in a foreign country; and\n (b) is not a permanent resident of Australia.\n\n> learner licence means a licence or permit issued to a person under a law in force in a State or internal Territory to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.\n\n> licence fee means a tax or charge, however described, imposed on drivers of motor vehicles under another law of the jurisdiction.\n\n> member of the police force means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member (however described) of the police force of a State or Territory; or\n (c) a service police officer within the meaning of the Defence Force Discipline Act 1982.\n\n> motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.\n\n> national schedule of demerit points means the schedule of driving offences and corresponding demerit points prescribed in the Supporting Principles.\n\n> probationary licence means a licence to drive a motor vehicle:\n\n (a) issued to a person who applies for a driver licence following a period of disqualification from driving ordered by a court in Australia; or\n (b) issued to replace an equivalent licence issued under a corresponding law.\n\n> provisional licence means a licence (other than a learner licence) to drive a motor vehicle, issued under a law in force in a State or internal Territory, which is subject to conditions, restrictions, or qualifications because of the lack of driving experience of the licence holder.\n\n> restricted licence means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of his or her employment or in other specified restricted circumstances.\n\n> road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.\n\n> road related area means:\n\n (a) an area that divides a road; or\n (b) a footpath or nature strip adjacent to a road; or\n (c) an area that is open to the public and is designated for use by cyclists or animals; or\n (d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or\n (e) any other area that is open to or used by the public and that has been declared under primary principle 19 to be an area to which specified provisions of the amended driver licensing law apply.","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Minister to appoint driver licensing authority","content":"#### 6 Minister to appoint driver licensing authority\n\n The Minister may, by notice in the Gazette, appoint an authority to administer the driver licensing system established by the Primary and Supporting Principles.","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Fixing fees","content":"#### 7 Fixing fees\n\n (1) The Minister or the driver licensing authority may, by notice in the Gazette, fix fees for services provided by the driver licensing authority in connection with the licensing of drivers, or the renewal or late renewal of driver licences.\n (2) While fees of that kind fixed by one of those means are in force, fees of that kind cannot be fixed by another of those means.\n (3) This principle is not intended to prevent a law, other than the amended driver licensing law, fixing fees for services provided by the driver licensing authority.","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Functions of driver licensing authority","content":"#### 8 Functions of driver licensing authority\n\n The functions of the driver licensing authority are:\n (a) to administer the driver licensing system established by the Primary and Supporting Principles; and\n (b) to maintain a driver licence register in accordance with the Supporting Principles; and\n (c) to maintain a demerit points register in accordance with the Supporting Principles; and\n (d) to provide information about drivers in accordance with the Supporting Principles; and\n (e) such other functions as are conferred by the Primary Principles or the Supporting Principles.\n\n> Note: In relation to paragraph 8(d), the Supporting Principles do not preclude the driver licensing authority from the release or sale of statistical data calculated from the register.","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Powers of driver licensing authority","content":"#### 9 Powers of driver licensing authority\n\n The amended driver licensing law shall provide that the driver licensing authority has all the powers it needs to carry out its functions.","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Driver licensing authority not to issue or renew licence in certain circumstances","content":"#### 10 Driver licensing authority not to issue or renew licence in certain circumstances\n\n (1) The driver licensing authority must not issue a driver licence to a person unless it is satisfied that:\n (a) the person is eligible to be issued with the driver licence; and\n (b) if the person is the holder of an Australian driver licence or a licence to drive a motor vehicle in a foreign country  that licence has been surrendered;\n in accordance with the Supporting Principles.\n (2) However, the driver licensing authority may issue a driver licence to a person without the person surrendering the person’s licence to drive a motor vehicle in a foreign country in circumstances prescribed by the Supporting Principles.\n (3) The driver licensing authority must not renew a driver licence of a person if it is satisfied that the person no longer resides within the jurisdiction.\n\n> Note: Subprinciple 10(3) does not apply to a person who resides temporarily outside the jurisdiction.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Recognition of offences for which demerit points are incurred","content":"#### 11 Recognition of offences for which demerit points are incurred\n\n (1) The driver licensing authority may, in writing:\n (a) recognise offences created under a law in force in this or another jurisdiction that are not on the national schedule of demerit points as being offences for which the authority will apply demerit points to drivers; and\n (b) specify the number of demerit points incurred for each of those offences.\n (2) The driver licensing authority must publish a notice in the of the offences recognised under subprinciple (1) and the number of demerit points specified for each of those offences.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Demerit points","content":"#### 12 Demerit points\n\n Recording of demerit points\n (1) Demerit points incurred by a person for an offence are to be recorded in the demerit points register in respect of the day on which the offence was committed.\n Licence suspension for demerit points\n (2) The driver licensing authority must give a notice of licence suspension to the holder of a driver licence who incurs 12 or more demerit points within the previous 3 years.\n (3) The period of licence suspension under subprinciple (2) is the period applicable under the table.\n\n```html\n

Licence suspension for demerit points

Item

Number of demerit points incurred within previous 3 years

Period of licence suspension

1

12 to 15

3 months

2

16 to 19

4 months

3

20 or more

5 months

\n```\n\n (4) If a person who has been served with a notice of licence suspension does not make an election under subprinciple (6), the person’s driver licence is suspended for the period applicable under subprinciple (3) from the date specified in the notice.\n (5) On the commencement of a period of suspension or a period of good behaviour (see subprinciple (6)), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.\n Alternative to suspension\n (6) A person who incurs at least 12 demerit points within the previous 3 years may, within 21 days after being served with a notice of licence suspension by the driver licensing authority, notify the authority in writing that he or she elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months from the day on which the licence would have been suspended.\n (7) If a person who makes an election in accordance with subprinciple (6) incurs 2 or more demerit points during the 12 months period, the driver licensing authority must give the person a notice suspending the person’s driver licence, commencing on a day specified in the notice, for twice the period that would have applied to the person under subprinciple (3) if the person had not made the election.\n (8) On the commencement of the period of suspension referred to in subprinciple (7), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.\n (9) However, demerit points incurred by a person:\n (a) after the person is served with a notice of licence suspension but before the suspension begins; or\n (b) if the person makes an election in accordance with subprinciple (6)—after the person is served with the notice of licence suspension and before the 12 month period of good behaviour;\n are to be taken into account for the purposes of subprinciple (2) from the end of the period of licence suspension or period of good behaviour.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Demerit points penalties not affected by court‑imposed penalties","content":"#### 13 Demerit points penalties not affected by court‑imposed penalties\n\n (1) A period of licence suspension under principle 12 is in addition to a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to:\n (a) driving offences involving the use of alcohol or other drugs; or\n (b) speeding; or\n (c) the non‑payment of fines.\n (2) Demerit points recorded in the demerit points register against a person are not affected by a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to a matter referred to in paragraph (1)(a), (b) or (c).","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Mutual recognition","content":"#### 14 Mutual recognition\n\n (1) The driver licensing authority must, in accordance with the Supporting Principles, recognise:\n (a) driver licences issued by another jurisdiction; and\n (b) licence conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to that other jurisdiction.\n (2) If:\n (a) a person:\n (i) commits an offence in this jurisdiction that is included in the national schedule of demerit points; or\n (ii) pays the amount specified in an infringement notice for such an offence; and\n (b) the person holds a driver licence issued by another driver licensing authority;\n the driver licensing authority must, as soon as practicable, transmit all relevant information about the offence to the other driver licensing authority.\n (3) If the person is not the holder of an Australian driver licence, the driver licensing authority must transmit the relevant information about the offence to the driver licensing authority of the State or internal Territory in which the person resides.\n (4) However, the driver licensing authority is not required to transmit any information until after:\n (a) if the person appeals against a conviction for the offence and the appeal is dismissed—the dismissal of the appeal; or\n (b) if the person does not appeal—the last time at which the person could have appealed.\n (5) If the driver licensing authority receives information about a person from another driver licensing authority under the provision of the law of the other jurisdiction that corresponds to this principle, the driver licensing authority must take the action it would have taken if the offence had been committed in this jurisdiction.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Security of information in registers","content":"#### 15 Security of information in registers\n\n The driver licensing authority must ensure that the information contained in the driver licence register or the demerit points register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the Supporting Principles.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Delegation by driver licensing authority","content":"#### 16 Delegation by driver licensing authority\n\n The driver licensing authority may, by signed instrument, delegate to a prescribed person all or any of its powers under the Primary or Supporting Principles.","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Regulations","content":"## Part 1—Preliminary\n\n#### 1 Commencement\n\n A national driver licensing scheme modelled on the Primary and Supporting Principles set out in this document is scheduled for implementation in all Australian States and Territories by February 1999.\n\n#### 2 Purposes\n\n (1) The purposes of the scheme are to:\n (a) provide for the establishment of an Australia‑wide driver licensing system that is designed to provide:\n (i) uniform licence classes for the drivers of motor vehicles; and\n (ii) uniform attendant eligibility criteria for those licence classes; and\n (b) define the responsibilities of people in respect of driver licensing; and\n (c) provide a means of identifying licensed drivers of motor vehicles; and\n (d) facilitate the regulation of drivers of motor vehicles in the interests of safety and efficiency and law enforcement generally; and\n (e) provide a means of enforcing safety standards relating to the driving of motor vehicles on roads and road related areas; and\n (f) facilitate:\n (i) the recovery of expenses incurred in administering the system; and\n (ii) the collection of licence fees.\n (2) However, these Primary Principles (other than primary principle 25) are not intended to affect existing State and Territory laws relating to learner licences, provisional licences, restricted licences or people holding those licences.\n (3) The Primary Principles, Supporting Principles and the resulting amended driver licensing law are intended to improve road safety and transport efficiency, and reduce the costs of administering road transport.\n\n#### 3 Binding the Crown\n\n (1) It is intended that the amended driver licensing law of the States and Territories will bind the Crown in all its capacities.\n (2) However, it is not intended that the Crown be made liable to be prosecuted for an offence.\n\n#### 4 Penalties\n\n (1) The Primary and Supporting Principles do not list penalties for offences against the amended driver licensing law.\n (2) It is intended that the penalties will be determined in the National Road Transport Commission’s Compliance and Enforcement Module.\n (3) In the interim, State and internal Territory penalty levels may apply.\n\n## Part 2—Definitions\n\n#### 5 Definitions\n\n Expressions used in the Primary Principles that are defined in the Dictionary to the Principles have the meanings given to them in the Dictionary unless the context or subject matter otherwise indicates or requires.\n\n## Part 3—Driver licensing system\n\n### Division 1—Driver licensing authority\n\n#### 6 Minister to appoint driver licensing authority\n\n The Minister may, by notice in the Gazette, appoint an authority to administer the driver licensing system established by the Primary and Supporting Principles.\n\n#### 7 Fixing fees\n\n (1) The Minister or the driver licensing authority may, by notice in the Gazette, fix fees for services provided by the driver licensing authority in connection with the licensing of drivers, or the renewal or late renewal of driver licences.\n (2) While fees of that kind fixed by one of those means are in force, fees of that kind cannot be fixed by another of those means.\n (3) This principle is not intended to prevent a law, other than the amended driver licensing law, fixing fees for services provided by the driver licensing authority.\n\n#### 8 Functions of driver licensing authority\n\n The functions of the driver licensing authority are:\n (a) to administer the driver licensing system established by the Primary and Supporting Principles; and\n (b) to maintain a driver licence register in accordance with the Supporting Principles; and\n (c) to maintain a demerit points register in accordance with the Supporting Principles; and\n (d) to provide information about drivers in accordance with the Supporting Principles; and\n (e) such other functions as are conferred by the Primary Principles or the Supporting Principles.\n\n> Note: In relation to paragraph 8(d), the Supporting Principles do not preclude the driver licensing authority from the release or sale of statistical data calculated from the register.\n\n#### 9 Powers of driver licensing authority\n\n The amended driver licensing law shall provide that the driver licensing authority has all the powers it needs to carry out its functions.\n\n#### 10 Driver licensing authority not to issue or renew licence in certain circumstances\n\n (1) The driver licensing authority must not issue a driver licence to a person unless it is satisfied that:\n (a) the person is eligible to be issued with the driver licence; and\n (b) if the person is the holder of an Australian driver licence or a licence to drive a motor vehicle in a foreign country  that licence has been surrendered;\n in accordance with the Supporting Principles.\n (2) However, the driver licensing authority may issue a driver licence to a person without the person surrendering the person’s licence to drive a motor vehicle in a foreign country in circumstances prescribed by the Supporting Principles.\n (3) The driver licensing authority must not renew a driver licence of a person if it is satisfied that the person no longer resides within the jurisdiction.\n\n> Note: Subprinciple 10(3) does not apply to a person who resides temporarily outside the jurisdiction.\n\n#### 11 Recognition of offences for which demerit points are incurred\n\n (1) The driver licensing authority may, in writing:\n (a) recognise offences created under a law in force in this or another jurisdiction that are not on the national schedule of demerit points as being offences for which the authority will apply demerit points to drivers; and\n (b) specify the number of demerit points incurred for each of those offences.\n (2) The driver licensing authority must publish a notice in the of the offences recognised under subprinciple (1) and the number of demerit points specified for each of those offences.\n\n#### 12 Demerit points\n\n Recording of demerit points\n (1) Demerit points incurred by a person for an offence are to be recorded in the demerit points register in respect of the day on which the offence was committed.\n Licence suspension for demerit points\n (2) The driver licensing authority must give a notice of licence suspension to the holder of a driver licence who incurs 12 or more demerit points within the previous 3 years.\n (3) The period of licence suspension under subprinciple (2) is the period applicable under the table.\n\n```html\n

Licence suspension for demerit points

Item

Number of demerit points incurred within previous 3 years

Period of licence suspension

1

12 to 15

3 months

2

16 to 19

4 months

3

20 or more

5 months

\n```\n\n (4) If a person who has been served with a notice of licence suspension does not make an election under subprinciple (6), the person’s driver licence is suspended for the period applicable under subprinciple (3) from the date specified in the notice.\n (5) On the commencement of a period of suspension or a period of good behaviour (see subprinciple (6)), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.\n Alternative to suspension\n (6) A person who incurs at least 12 demerit points within the previous 3 years may, within 21 days after being served with a notice of licence suspension by the driver licensing authority, notify the authority in writing that he or she elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months from the day on which the licence would have been suspended.\n (7) If a person who makes an election in accordance with subprinciple (6) incurs 2 or more demerit points during the 12 months period, the driver licensing authority must give the person a notice suspending the person’s driver licence, commencing on a day specified in the notice, for twice the period that would have applied to the person under subprinciple (3) if the person had not made the election.\n (8) On the commencement of the period of suspension referred to in subprinciple (7), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.\n (9) However, demerit points incurred by a person:\n (a) after the person is served with a notice of licence suspension but before the suspension begins; or\n (b) if the person makes an election in accordance with subprinciple (6)—after the person is served with the notice of licence suspension and before the 12 month period of good behaviour;\n are to be taken into account for the purposes of subprinciple (2) from the end of the period of licence suspension or period of good behaviour.\n\n#### 13 Demerit points penalties not affected by court‑imposed penalties\n\n (1) A period of licence suspension under principle 12 is in addition to a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to:\n (a) driving offences involving the use of alcohol or other drugs; or\n (b) speeding; or\n (c) the non‑payment of fines.\n (2) Demerit points recorded in the demerit points register against a person are not affected by a period of licence suspension imposed by a court in Australia, or under another law in force in the jurisdiction relating to a matter referred to in paragraph (1)(a), (b) or (c).\n\n#### 14 Mutual recognition\n\n (1) The driver licensing authority must, in accordance with the Supporting Principles, recognise:\n (a) driver licences issued by another jurisdiction; and\n (b) licence conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to that other jurisdiction.\n (2) If:\n (a) a person:\n (i) commits an offence in this jurisdiction that is included in the national schedule of demerit points; or\n (ii) pays the amount specified in an infringement notice for such an offence; and\n (b) the person holds a driver licence issued by another driver licensing authority;\n the driver licensing authority must, as soon as practicable, transmit all relevant information about the offence to the other driver licensing authority.\n (3) If the person is not the holder of an Australian driver licence, the driver licensing authority must transmit the relevant information about the offence to the driver licensing authority of the State or internal Territory in which the person resides.\n (4) However, the driver licensing authority is not required to transmit any information until after:\n (a) if the person appeals against a conviction for the offence and the appeal is dismissed—the dismissal of the appeal; or\n (b) if the person does not appeal—the last time at which the person could have appealed.\n (5) If the driver licensing authority receives information about a person from another driver licensing authority under the provision of the law of the other jurisdiction that corresponds to this principle, the driver licensing authority must take the action it would have taken if the offence had been committed in this jurisdiction.\n\n#### 15 Security of information in registers\n\n The driver licensing authority must ensure that the information contained in the driver licence register or the demerit points register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the Supporting Principles.\n\n#### 16 Delegation by driver licensing authority\n\n The driver licensing authority may, by signed instrument, delegate to a prescribed person all or any of its powers under the Primary or Supporting Principles.\n\n### Division 2—Regulations\n\n#### 17 Regulations to be based on Supporting Principles\n\n (1) The State or Territory may make regulations consistent with the Supporting Principles prescribing matters:\n (a) required or permitted to be prescribed by the Primary Principles; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to the Primary Principles.\n (2) The regulations may apply, adopt or incorporate by reference documents published by the National Road Transport Commission and approved by the Ministerial Council for Road Transport, either as published or as amended from time to time.\n\n#### 18 Model driver licensing system\n\n (1) The Supporting Principles provide a system of licensing drivers of motor vehicles that are used on roads or road related areas that:\n (a) provides a means of authorising the driving of motor vehicles on roads and road related areas; and\n (b) enables the identification of licensed drivers of motor vehicles.\n (2) The Supporting Principles:\n (a) provide for the issue and renewal of driver licences, and for the imposition of conditions on driver licences; and\n (b) provide for the cancellation, variation and suspension of driver licences; and\n (c) fix the periods for which a driver licence or renewal remains in force; and\n (d) require the production of specified information by:\n (i) applicants for driver licences or renewals of driver licences; or\n (ii) holders of driver licences; and\n (e) provide for the issue of infringement notices for specified offences; and\n (f) provide for the recognition by the driver licensing authority of things done under a corresponding law of another jurisdiction; and\n (g) provide for a refund, in accordance with the Supporting Principles, of part of a licence fee where a driver licence is surrendered before it expires; and\n (h) provide for the collection of:\n (i) licence fees; and\n (ii) fees fixed under the amended driver licensing law or another law relating to services provided by the driver licensing authority; and\n (i) provide for the approval by the driver licensing authority of the form in which applications are to be made to the authority, and the form in which documents are to be issued by the authority, for the purposes of the Supporting Principles; and\n (j) provide that the amended driver licensing law, or specified provisions of the amended law, do not apply to a driver, or drivers of a kind, identified in the Supporting Principles; and\n (k) allow the driver licensing authority to revoke, in the manner and in circumstances specified in the Supporting Principles, an exemption for a driver, or drivers of a kind, given under the amended driver licensing law made for the purposes of paragraph (j); and\n (l) prescribe different classes of driver licences, and grade each class by reference to the driving skills required for each class, and the eligibility criteria for the issue of each class; and\n (m) allow the driver licensing authority to exempt a person from the requirement to hold a driver licence or a driver licence of a particular class (an exemption may be subject to conditions imposed by the driver licensing authority); and\n (n) provide for the maintenance of a driver licence register and a demerit points register; and\n (o) prescribe:\n (i) the form in which the driver licensing authority is to issue evidence of the authority to drive a motor vehicle provided by a driver licence; and\n (ii) the circumstances in which that evidence must be surrendered or returned to the driver licensing authority; and\n (p) prescribe transitional arrangements for the transition to the amended driver licensing law from the driver licensing system that was previously in operation.\n (3) The Supporting Principles prescribe the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points.\n (4) The Supporting Principles list offences for breaches of the amended driver licensing law.\n\n#### 19 Power to include or exclude areas\n\n (1) The Minister may declare, by notice in the Gazette, that the amended driver licensing law, or specified provisions of the amended law:\n (a) apply to a specified area of the jurisdiction that is open to or used by the public; or\n (b) do not apply to a specified road or road related area.\n (2) The declaration has effect until it is revoked, or for the period specified in the declaration.\n\n#### 20 Review of decisions\n\n The amended driver licensing law is to provide a system for review of decisions of the driver licensing authority identified in the Supporting Principles.\n\n## Part 4—Offences\n\n#### 21 Driving when unlicensed or disqualified\n\n (1) A person who drives a motor vehicle of a type for which an Australian driver licence is required on a road or road related area is guilty of an offence if the person is unlicensed or has been disqualified from driving a motor vehicle by a court in Australia.\n (2) A person is unlicensed if:\n (a) the person drives a motor vehicle without being the holder of an Australian driver licence or a learner licence authorising the driving of a vehicle of the vehicle’s class; or\n (b) an Australian driver licence or other authority of the person to drive a motor vehicle in any State or internal Territory is:\n (i) suspended; or\n (ii) cancelled and the person has not subsequently been issued another licence or authority to drive.\n (3) However, a person is not to be treated as being unlicensed if the person is exempted under the amended driver licensing law from the requirement to hold a driver licence to drive a vehicle of the vehicle’s class.\n\n#### 22 Obtaining driver licence by false statements\n\n (1) A person is guilty of an offence if the person:\n (a) by a false statement or any misrepresentation or other dishonest means, obtains or attempts to obtain a driver licence or the renewal of a driver licence; or\n (b) without lawful authority or excuse, possesses a driver licence obtained or renewed using those means.\n (2) A driver licence so obtained or renewed is void, and the driver licensing authority may alter the driver licence register accordingly.\n\n#### 23 Evidentiary provisions\n\n (1) A court may admit as evidence a document that appears to be signed on behalf of the driver licensing authority certifying a matter that appears in or can be calculated from the driver licence register or another record kept by the driver licensing authority.\n (2) A court may admit as evidence a document that is issued under the law of another jurisdiction that relates to:\n (a) whether a person has a driver licence or other authority to drive a motor vehicle, the extent of the authority conferred by a licence or other authority and any conditions of that licence or other authority; or\n (b) any offence found to have been committed by a person in relation to the driving of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence; or\n (c) demerit points incurred by a person.\n (3) The court must accept the documents as proof of the facts stated in them if there is no evidence to the contrary.\n (4) A court may admit into evidence other documents prescribed by the amended driver licensing law in the circumstances set out in the Supporting Principles.\n\n## Part 5—General\n\n#### 24 Indemnity\n\n (1) An individual does not incur civil liability for an act or omission done honestly and in good faith in the course of his or her duties under the Primary Principles or Supporting Principles.\n (2) A liability that would, apart from subprinciple (1), attach to an individual because of an act or omission done honestly and in good faith in the course of his or her duties attaches instead to:\n (a) for an act or omission of a member of the police force—the government; or\n (b) for an act or omission of a person acting for the driver licensing authority—that authority.\n (3) An individual does not incur civil or criminal liability for carrying out a test or examination in accordance with the Supporting Principles and expressing to the driver licensing authority in good faith an opinion formed as a result of having carried out the test or examination.\n (4) An individual does not incur civil or criminal liability for reporting to the driver licensing authority, in good faith, information that discloses or suggests that:\n (a) another person is or may be unfit to drive; or\n (b) it may be dangerous to allow another person to hold or be issued a driver licence or a variation of a driver licence.\n\n#### 25 Learner drivers\n\n The holder of an Australian driver licence may drive a motor vehicle for which a higher class of driver licence would normally be required if:\n (a) the higher class is one for which the person would next be eligible to apply in accordance with the Supporting Principles; and\n (b) the driver is receiving tuition from, and is accompanied by, a person who:\n (i) has held that higher class of driver licence (other than a provisional licence) for at least one year; and\n (ii) is providing the tuition in accordance with the laws of the jurisdiction about driver instruction and the display of signs on vehicles used for that purpose.\n\n## Part 6—Dictionary\n\n#### 26 Definitions\n\n> Australian driver licence means:\n\n (a) a driver licence; or\n (b) a licence, probationary licence, conditional licence, provisional licence or driver licence receipt (other than a learner licence) issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.\n\n> class, of a driver licence, means a class of licence established by the Supporting Principles.\n\n> conditional licence means a licence issued as a conditional licence in accordance with the Supporting Principles.\n\n> Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949.\n\n> corresponding law means the law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.\n\n> drive includes having control over the steering, movement or propulsion of a vehicle.\n\n> driver licence means:\n\n (a) a licence (including a probationary licence and a conditional licence but not including a provisional or learner licence) issued in accordance with the Supporting Principles authorising the holder to drive one or more classes of motor vehicle on a road or road related area; or\n (b) a driver licence receipt.\n\n> driver licence receipt means a receipt that:\n\n (a) is issued following an application for an Australian driver licence and after payment of any applicable fee; and\n (b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.\n\n> driver licensing authority means the authority appointed by the Minister under primary principle 6.\n\n> foreign driver licence means a licence to drive a motor vehicle held by an international visitor and issued in the country in which the person is ordinarily resident.\n\n> Gazette means the Government of the State or Territory concerned.\n\n> infringement notice means a notice giving a person alleged to have committed an offence described in the Supporting Principles the option of paying an amount instead of being charged with the offence.\n\n> international driving permit means a permit issued by:\n\n (a) a competent authority of a Contracting State or a subdivision of such a State; or\n (b) an association duly empowered by such an authority;\n in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.\n\n> international visitor means a person who:\n\n (a) is ordinarily resident in a foreign country; and\n (b) is not a permanent resident of Australia.\n\n> learner licence means a licence or permit issued to a person under a law in force in a State or internal Territory to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.\n\n> licence fee means a tax or charge, however described, imposed on drivers of motor vehicles under another law of the jurisdiction.\n\n> member of the police force means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member (however described) of the police force of a State or Territory; or\n (c) a service police officer within the meaning of the Defence Force Discipline Act 1982.\n\n> motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.\n\n> national schedule of demerit points means the schedule of driving offences and corresponding demerit points prescribed in the Supporting Principles.\n\n> probationary licence means a licence to drive a motor vehicle:\n\n (a) issued to a person who applies for a driver licence following a period of disqualification from driving ordered by a court in Australia; or\n (b) issued to replace an equivalent licence issued under a corresponding law.\n\n> provisional licence means a licence (other than a learner licence) to drive a motor vehicle, issued under a law in force in a State or internal Territory, which is subject to conditions, restrictions, or qualifications because of the lack of driving experience of the licence holder.\n\n> restricted licence means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of his or her employment or in other specified restricted circumstances.\n\n> road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.\n\n> road related area means:\n\n (a) an area that divides a road; or\n (b) a footpath or nature strip adjacent to a road; or\n (c) an area that is open to the public and is designated for use by cyclists or animals; or\n (d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or\n (e) any other area that is open to or used by the public and that has been declared under primary principle 19 to be an area to which specified provisions of the amended driver licensing law apply.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Regulations to be based on Supporting Principles","content":"#### 17 Regulations to be based on Supporting Principles\n\n (1) The State or Territory may make regulations consistent with the Supporting Principles prescribing matters:\n (a) required or permitted to be prescribed by the Primary Principles; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to the Primary Principles.\n (2) The regulations may apply, adopt or incorporate by reference documents published by the National Road Transport Commission and approved by the Ministerial Council for Road Transport, either as published or as amended from time to time.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Model driver licensing system","content":"#### 18 Model driver licensing system\n\n (1) The Supporting Principles provide a system of licensing drivers of motor vehicles that are used on roads or road related areas that:\n (a) provides a means of authorising the driving of motor vehicles on roads and road related areas; and\n (b) enables the identification of licensed drivers of motor vehicles.\n (2) The Supporting Principles:\n (a) provide for the issue and renewal of driver licences, and for the imposition of conditions on driver licences; and\n (b) provide for the cancellation, variation and suspension of driver licences; and\n (c) fix the periods for which a driver licence or renewal remains in force; and\n (d) require the production of specified information by:\n (i) applicants for driver licences or renewals of driver licences; or\n (ii) holders of driver licences; and\n (e) provide for the issue of infringement notices for specified offences; and\n (f) provide for the recognition by the driver licensing authority of things done under a corresponding law of another jurisdiction; and\n (g) provide for a refund, in accordance with the Supporting Principles, of part of a licence fee where a driver licence is surrendered before it expires; and\n (h) provide for the collection of:\n (i) licence fees; and\n (ii) fees fixed under the amended driver licensing law or another law relating to services provided by the driver licensing authority; and\n (i) provide for the approval by the driver licensing authority of the form in which applications are to be made to the authority, and the form in which documents are to be issued by the authority, for the purposes of the Supporting Principles; and\n (j) provide that the amended driver licensing law, or specified provisions of the amended law, do not apply to a driver, or drivers of a kind, identified in the Supporting Principles; and\n (k) allow the driver licensing authority to revoke, in the manner and in circumstances specified in the Supporting Principles, an exemption for a driver, or drivers of a kind, given under the amended driver licensing law made for the purposes of paragraph (j); and\n (l) prescribe different classes of driver licences, and grade each class by reference to the driving skills required for each class, and the eligibility criteria for the issue of each class; and\n (m) allow the driver licensing authority to exempt a person from the requirement to hold a driver licence or a driver licence of a particular class (an exemption may be subject to conditions imposed by the driver licensing authority); and\n (n) provide for the maintenance of a driver licence register and a demerit points register; and\n (o) prescribe:\n (i) the form in which the driver licensing authority is to issue evidence of the authority to drive a motor vehicle provided by a driver licence; and\n (ii) the circumstances in which that evidence must be surrendered or returned to the driver licensing authority; and\n (p) prescribe transitional arrangements for the transition to the amended driver licensing law from the driver licensing system that was previously in operation.\n (3) The Supporting Principles prescribe the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points.\n (4) The Supporting Principles list offences for breaches of the amended driver licensing law.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Power to include or exclude areas","content":"#### 19 Power to include or exclude areas\n\n (1) The Minister may declare, by notice in the Gazette, that the amended driver licensing law, or specified provisions of the amended law:\n (a) apply to a specified area of the jurisdiction that is open to or used by the public; or\n (b) do not apply to a specified road or road related area.\n (2) The declaration has effect until it is revoked, or for the period specified in the declaration.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Review of decisions","content":"#### 20 Review of decisions\n\n The amended driver licensing law is to provide a system for review of decisions of the driver licensing authority identified in the Supporting Principles.","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Offences","content":"## Part 4—Offences","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Driving when unlicensed or disqualified","content":"#### 21 Driving when unlicensed or disqualified\n\n (1) A person who drives a motor vehicle of a type for which an Australian driver licence is required on a road or road related area is guilty of an offence if the person is unlicensed or has been disqualified from driving a motor vehicle by a court in Australia.\n (2) A person is unlicensed if:\n (a) the person drives a motor vehicle without being the holder of an Australian driver licence or a learner licence authorising the driving of a vehicle of the vehicle’s class; or\n (b) an Australian driver licence or other authority of the person to drive a motor vehicle in any State or internal Territory is:\n (i) suspended; or\n (ii) cancelled and the person has not subsequently been issued another licence or authority to drive.\n (3) However, a person is not to be treated as being unlicensed if the person is exempted under the amended driver licensing law from the requirement to hold a driver licence to drive a vehicle of the vehicle’s class.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Obtaining driver licence by false statements","content":"#### 22 Obtaining driver licence by false statements\n\n (1) A person is guilty of an offence if the person:\n (a) by a false statement or any misrepresentation or other dishonest means, obtains or attempts to obtain a driver licence or the renewal of a driver licence; or\n (b) without lawful authority or excuse, possesses a driver licence obtained or renewed using those means.\n (2) A driver licence so obtained or renewed is void, and the driver licensing authority may alter the driver licence register accordingly.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Evidentiary provisions","content":"#### 23 Evidentiary provisions\n\n (1) A court may admit as evidence a document that appears to be signed on behalf of the driver licensing authority certifying a matter that appears in or can be calculated from the driver licence register or another record kept by the driver licensing authority.\n (2) A court may admit as evidence a document that is issued under the law of another jurisdiction that relates to:\n (a) whether a person has a driver licence or other authority to drive a motor vehicle, the extent of the authority conferred by a licence or other authority and any conditions of that licence or other authority; or\n (b) any offence found to have been committed by a person in relation to the driving of a motor vehicle or in relation to driver licensing, including any penalty imposed or other order made in respect of that offence; or\n (c) demerit points incurred by a person.\n (3) The court must accept the documents as proof of the facts stated in them if there is no evidence to the contrary.\n (4) A court may admit into evidence other documents prescribed by the amended driver licensing law in the circumstances set out in the Supporting Principles.","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"## Part 5—General","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Indemnity","content":"#### 24 Indemnity\n\n (1) An individual does not incur civil liability for an act or omission done honestly and in good faith in the course of his or her duties under the Primary Principles or Supporting Principles.\n (2) A liability that would, apart from subprinciple (1), attach to an individual because of an act or omission done honestly and in good faith in the course of his or her duties attaches instead to:\n (a) for an act or omission of a member of the police force—the government; or\n (b) for an act or omission of a person acting for the driver licensing authority—that authority.\n (3) An individual does not incur civil or criminal liability for carrying out a test or examination in accordance with the Supporting Principles and expressing to the driver licensing authority in good faith an opinion formed as a result of having carried out the test or examination.\n (4) An individual does not incur civil or criminal liability for reporting to the driver licensing authority, in good faith, information that discloses or suggests that:\n (a) another person is or may be unfit to drive; or\n (b) it may be dangerous to allow another person to hold or be issued a driver licence or a variation of a driver licence.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Learner drivers","content":"#### 25 Learner drivers\n\n The holder of an Australian driver licence may drive a motor vehicle for which a higher class of driver licence would normally be required if:\n (a) the higher class is one for which the person would next be eligible to apply in accordance with the Supporting Principles; and\n (b) the driver is receiving tuition from, and is accompanied by, a person who:\n (i) has held that higher class of driver licence (other than a provisional licence) for at least one year; and\n (ii) is providing the tuition in accordance with the laws of the jurisdiction about driver instruction and the display of signs on vehicles used for that purpose.","sortOrder":34},{"sectionNumber":"Part 6","sectionType":"part","heading":"Dictionary","content":"## Part 6—Dictionary","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Definitions","content":"#### 26 Definitions\n\n> Australian driver licence means:\n\n (a) a driver licence; or\n (b) a licence, probationary licence, conditional licence, provisional licence or driver licence receipt (other than a learner licence) issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.\n\n> class, of a driver licence, means a class of licence established by the Supporting Principles.\n\n> conditional licence means a licence issued as a conditional licence in accordance with the Supporting Principles.\n\n> Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949.\n\n> corresponding law means the law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.\n\n> drive includes having control over the steering, movement or propulsion of a vehicle.\n\n> driver licence means:\n\n (a) a licence (including a probationary licence and a conditional licence but not including a provisional or learner licence) issued in accordance with the Supporting Principles authorising the holder to drive one or more classes of motor vehicle on a road or road related area; or\n (b) a driver licence receipt.\n\n> driver licence receipt means a receipt that:\n\n (a) is issued following an application for an Australian driver licence and after payment of any applicable fee; and\n (b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.\n\n> driver licensing authority means the authority appointed by the Minister under primary principle 6.\n\n> foreign driver licence means a licence to drive a motor vehicle held by an international visitor and issued in the country in which the person is ordinarily resident.\n\n> Gazette means the Government of the State or Territory concerned.\n\n> infringement notice means a notice giving a person alleged to have committed an offence described in the Supporting Principles the option of paying an amount instead of being charged with the offence.\n\n> international driving permit means a permit issued by:\n\n (a) a competent authority of a Contracting State or a subdivision of such a State; or\n (b) an association duly empowered by such an authority;\n in accordance with the United Nations Convention on Road Traffic, Geneva, 1949.\n\n> international visitor means a person who:\n\n (a) is ordinarily resident in a foreign country; and\n (b) is not a permanent resident of Australia.\n\n> learner licence means a licence or permit issued to a person under a law in force in a State or internal Territory to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.\n\n> licence fee means a tax or charge, however described, imposed on drivers of motor vehicles under another law of the jurisdiction.\n\n> member of the police force means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member (however described) of the police force of a State or Territory; or\n (c) a service police officer within the meaning of the Defence Force Discipline Act 1982.\n\n> motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.\n\n> national schedule of demerit points means the schedule of driving offences and corresponding demerit points prescribed in the Supporting Principles.\n\n> probationary licence means a licence to drive a motor vehicle:\n\n (a) issued to a person who applies for a driver licence following a period of disqualification from driving ordered by a court in Australia; or\n (b) issued to replace an equivalent licence issued under a corresponding law.\n\n> provisional licence means a licence (other than a learner licence) to drive a motor vehicle, issued under a law in force in a State or internal Territory, which is subject to conditions, restrictions, or qualifications because of the lack of driving experience of the licence holder.\n\n> restricted licence means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of his or her employment or in other specified restricted circumstances.\n\n> road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.\n\n> road related area means:\n\n (a) an area that divides a road; or\n (b) a footpath or nature strip adjacent to a road; or\n (c) an area that is open to the public and is designated for use by cyclists or animals; or\n (d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or\n (e) any other area that is open to or used by the public and that has been declared under primary principle 19 to be an area to which specified provisions of the amended driver licensing law apply.","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Application for external review","content":"#### 27 Application for external review\n\n (1) Application may be made to the Tribunal for a review of a decision by the driver licensing authority under supporting principle 26.\n (2) Despite paragraph 26(1)(c), review of a decision by the driver licensing authority to suspend or cancel a driver licence under paragraph 23(1)(e) does not permit review of:\n (a) the guilt or innocence of the person to whom that paragraph relates; or\n (b) the imposition of a penalty or the level of a penalty imposed on a person to whom that paragraph relates.\n (3) An application for external review must be made within 28 days after the affected person is notified of the decision made by the driver licensing authority under supporting principle 26.\n (4) If the driver licensing authority fails to notify the affected person of its decision as required by clause 26(6), the person may apply for external review within 28 days after the end of the period mentioned in that clause.\n (5) The making of an application for external review does not affect the operation of the decision, unless otherwise ordered by the Tribunal.","sortOrder":69},{"sectionNumber":"28","sectionType":"section","heading":"Affected person entitled to be given reasons","content":"#### 28 Affected person entitled to be given reasons\n\n (1) Where an affected person is entitled under clauses 26(1) or 27(1) to seek internal or external review of a decision of the driver licensing authority, the affected person may apply to the authority for written reasons for the decision.\n (2) After receiving an application for reasons under clause (1), the driver licensing authority must provide to the affected person, within 14 days of the application being made:\n (a) the decision of the authority and the reasons for that decision; and\n (b) the identity or position of the person who made the decision.\n (3) An application for reasons may be made before or during (or both) the period in which an affected person seeks internal or external review of a decision under supporting principles 26 or 27.\n (4) An affected person cannot make application under this supporting principle if the authority has already provided the person with the details prescribed in clause (2).","sortOrder":70},{"sectionNumber":"Part 7","sectionType":"part","heading":"Exemptions","content":"## Part 7—Exemptions","sortOrder":71},{"sectionNumber":"29","sectionType":"section","heading":"Licence not required for certain motor vehicles","content":"#### 29 Licence not required for certain motor vehicles\n\n The Primary Principles do not apply to the driver of a motor vehicle that is used only on a railway or tramway.","sortOrder":72},{"sectionNumber":"30","sectionType":"section","heading":"Authority may exempt certain classes of driver from the requirement to hold a licence","content":"#### 30 Authority may exempt certain classes of driver from the requirement to hold a licence\n\n (1) The driver licensing authority may exempt a driver or class of drivers from the requirement to hold a licence, or a particular class of licence.\n (2) An exemption under clause (1) may be subject to conditions specified by the driver licensing authority.\n (3) The driver licensing authority must cause notice of the exemption under clause (1) to be published in the Gazette.","sortOrder":73},{"sectionNumber":"31","sectionType":"section","heading":"Interstate and international visitors","content":"#### 31 Interstate and international visitors\n\n (1) A visiting driver who holds a current:\n (a) Australian driver licence or learner licence (including a New Zealand learner licence) issued in another jurisdiction; or\n (b) foreign driver licence and international driving permit; or\n (c) foreign driver licence that is written in English or is accompanied by an English translation;\n that authorises him or her to drive a motor vehicle of a particular kind may drive a motor vehicle of that kind in the jurisdiction, and is exempt from the requirement to hold a driver licence.\n (2) A person ceases to be exempt under clause (1) if any of the following things happens:\n (a) if the holder of an Australian driver licence or learner licence has resided in the jurisdiction for a continuous period of more than 3 months, unless he or she also holds a valid Driver Identification Document issued by the Commonwealth Department of Defence; or\n (b) if an international visitor has held a permanent visa under the Migration Act 1958 for more than 3 months; or\n (c) if the person is disqualified from driving a motor vehicle on a road or road related area in any State or Territory, or another country; or\n (d) if the person is charged with an offence specified under another law of the jurisdiction relating to visiting drivers; or\n (e) if the person, in the reasonable opinion of the driver licensing authority, is not considered suitable to drive a motor vehicle in the jurisdiction; or\n (f) if, in the reasonable opinion of the driver licensing authority, the person’s ability to drive safely is impaired due to a permanent or long term injury or illness.\n (3) If the driver licensing authority forms an opinion on the matters set out in paragraph (2)(e) or (f), the authority must give the person notice in writing stating:\n (a) that he or she is no longer exempt from the requirement to hold a driver licence in the jurisdiction; and\n (b) that he or she must not drive a motor vehicle on a road or road related area in the jurisdiction; and\n (c) the reasons why the person is no longer exempt; and\n (d) any action that may be taken by the person in order to regain the exemption; and\n (e) the date by which the person must take that action.","sortOrder":74},{"sectionNumber":"Part 8","sectionType":"part","heading":"Offences","content":"## Part 8—Offences\n\n> Note: This Part lists offences for failing to comply with these Supporting Principles.","sortOrder":75},{"sectionNumber":"32","sectionType":"section","heading":"Licence conditions","content":"#### 32 Licence conditions\n\n The holder of a conditional Australian driver licence who fails to comply with a condition of that licence is guilty of an offence.","sortOrder":76},{"sectionNumber":"33","sectionType":"section","heading":"Offences involving driver licence documents","content":"#### 33 Offences involving driver licence documents\n\n (1) The holder of a driver licence who fails to return a driver licence to the driver licensing authority when required by or in accordance with these Supporting Principles to do so is guilty of an offence.\n (2) The holder of a conditional driver licence who fails to comply with a requirement under clause 14(3) or 14(4) to carry a notice about the condition is guilty of an offence.\n (3) A person who fails to comply with a requirement of the driver licensing authority under clause 17(1) to provide evidence about the contents of the driver licence register is guilty of an offence.\n (4) A person who produces a false driver licence calculated to deceive, or who uses a driver licence, or the representation of a driver licence, in a manner calculated to deceive, is guilty of an offence.\n (5) A person who alters a driver licence in a way that is calculated to deceive is guilty of an offence.\n (6) A person who produces a driver licence altered in a manner calculated to deceive is guilty of an offence.","sortOrder":77},{"sectionNumber":"34","sectionType":"section","heading":"Notification offences","content":"#### 34 Notification offences\n\n A person who does not give information to the driver licensing authority when required by these Supporting Principles to do so is guilty of an offence.","sortOrder":78},{"sectionNumber":"Part 9","sectionType":"part","heading":"Administration","content":"## Part 9—Administration","sortOrder":79},{"sectionNumber":"35","sectionType":"section","heading":"Service of notices on persons","content":"#### 35 Service of notices on persons\n\n (1) The driver licensing authority may serve a notice under the Primary or Supporting Principles on a person by sending the notice by post or by some other means to the person’s residential address, or the address for service of notices (if any) recorded in the driver licence register.\n (2) A notice sent to a person under clause (1) to an address from which the person has moved within the previous 14 days, shall be deemed to be served if sent within 7 days after the person vacated the address.\n (3) If a person’s residential address or address for service of notices is in another jurisdiction, the driver licensing authority may request the driver licensing authority of another jurisdiction to act on its behalf in serving a notice on the person or in performing any other act which the driver licensing authority could lawfully perform in this jurisdiction.\n (4) If the driver licensing authority receives a request under clause (3) of the corresponding law of another jurisdiction, it may act on behalf of the driver licensing authority of that jurisdiction accordingly.","sortOrder":80},{"sectionNumber":"36","sectionType":"section","heading":"Delegation of driver licensing authority’s powers","content":"#### 36 Delegation of driver licensing authority’s powers\n\n The persons to whom the driver licensing authority may delegate all or any of its powers under the Primary or Supporting Principles are:\n (a) a statutory authority; or\n (b) the holder of a statutory office; or\n (c) an officer or employee of a government department or statutory authority; or\n (d) a member of the police force; or\n (e) a municipality or other local government authority; or\n (f) an officer or employee of a municipality or other local government authority; or\n (g) any other person who in the opinion of the authority has appropriate qualifications for the exercise of the power delegated.","sortOrder":81},{"sectionNumber":"Part 10","sectionType":"part","heading":"Fees","content":"## Part 10—Fees\n\n> Note: Under the Primary Principles, administrative fees may be set by the Minister, the driver licensing authority, or under another law (see primary principle 7). Administrative fees, set in any of these ways, and licence fees may be collected under these Supporting Principles (see paragraph 18(2)(h) of the Primary Principles). Clauses 4(1), 10(1) and 20(1) require the payment of an appropriate administrative fee for the issue, replacement or renewal of a driver licence.","sortOrder":82},{"sectionNumber":"37","sectionType":"section","heading":"Licence fees","content":"#### 37 Licence fees\n\n Licence fees imposed by another law for the issue and renewal of a licence are payable to the driver licensing authority in accordance with these Supporting Principles.","sortOrder":83},{"sectionNumber":"38","sectionType":"section","heading":"Waiver of licence fees and administrative fees","content":"#### 38 Waiver of licence fees and administrative fees\n\n The driver licensing authority may waive the payment of a licence fee or an administrative fee in a particular case if the authority is of the opinion that in the particular case it is appropriate to do so.","sortOrder":84},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional provisions","content":"## Part 11—Transitional provisions","sortOrder":85},{"sectionNumber":"39","sectionType":"section","heading":"Licences issued under previous legislation","content":"#### 39 Licences issued under previous legislation\n\n (1) A superseded licence (that is, a licence issued under a law in force in the jurisdiction before the commencement of the amended driver licensing law ) has effect for the remainder of its duration as if it had been issued under the amended law, and may be renewed, varied, cancelled or suspended in all respects as though it were a driver licence.\n (2) A superseded licence authorises the holder to drive vehicles in the licence class specified in supporting principle 13 that is most nearly equivalent to the class specified in the licence.\n (3) In spite of clause 3(5), in issuing a driver licence under these Supporting Principles in place of, or following the expiry of, a superseded licence, the driver licensing authority must have regard to the principle that where direct translation to a licence class is not possible, the licence holder should be issued with the next highest licence class.\n (4) The driver licensing authority must cause a notice specifying the nearest equivalent licence class for each of the classes of superseded licence to be published in the Gazette.","sortOrder":86},{"sectionNumber":"Dictionary","sectionType":"part","heading":"Dictionary","content":"## Dictionary\n\n In these Supporting Principles, unless the contrary intention appears:\n\n> administrative fee means a fee:\n\n (a) for a service provided by the driver licensing authority in connection with the licensing of drivers, or the renewal or late renewal of driver licences; and\n (b) set by the Minister, by the driver licensing authority, or under another law.\n\n> allied professional practitioner means a clinical psychologist, an optometrist or occupational therapist registered or licensed under a State or Territory law that provides for the registration or licensing of such persons.\n\n> articulated bus means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections.\n\n> breath alcohol interlock device means a device fitted to a motor vehicle which is capable of:\n\n (a) analysing a breath sample for the presence of alcohol; and\n (b) interacting with the motor vehicle in such a way that a positive result at a designated blood alcohol level will inhibit the use of the motor vehicle.\n\n> car licence means a licence referred to in clause 13(3).\n\n> converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi‑trailer into a dog trailer.\n\n> GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle:\n\n (a) as specified by the vehicle’s manufacturer; or\n (b) as specified by the registration authority, if:\n (i) the manufacturer has not specified a maximum loaded mass; or\n (ii) the manufacturer cannot be identified; or\n (iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.\n\n> heavy combination vehicle licence means a licence referred to in clause 13(7).\n\n> heavy rigid vehicle licence means a licence referred to in clause 13(6).\n\n> licence expiry date means the date recorded in the driver licence register, in accordance with paragraph 11(1)(f), as the date on which the driver licence expires.\n\n> light rigid vehicle licence means a licence referred to in clause 13(4).\n\n> Mass and Loading Regulations means the Road Transport Reform (Mass and Loading) Regulations, as in force from time to time.\n\n> medical practitioner means a person registered or licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of such persons.\n\n> medium rigid vehicle licence means a licence referred to in clause 13(5).\n\n> motor bike means a motor vehicle with two wheels and includes a two wheeled motor vehicle with a side car attached to it and supported by a third wheel.\n\n> motorcycle licence means a licence referred to in clause 13(2).\n\n> motor trike means a motor vehicle with three wheels, but does not include a two wheeled motor vehicle with a side car attached to it and supported by a third wheel.\n\n> multi‑combination vehicle licence means a licence referred to in clause 13(8).\n\n> photograph includes a digitised, electronic or computer generated image in a form approved by the driver licensing authority.\n\n> prime mover means a motor vehicle built to tow a semi‑trailer.\n\n> rigid means not articulated, other than in respect of an articulated bus.\n\n> semi‑trailer means a trailer (including a pole‑type trailer) that has:\n\n (a) one axle group or single axle towards the rear; and\n (b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover.\n\n> Note: The Road Transport Reform (Heavy Vehicle Standards) Regulations make it clear that when a semi‑trailer is connected to a converter dolly it is regarded as a single dog trailer.\n\n> trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle but does not include a motor vehicle being towed.\n\n> Tribunal means the appropriate review body for that jurisdiction.\n\n> Note: The following terms are defined in the Primary Principles:\n\n> Note: Australian driver licence, class, conditional licence, Contracting State, corresponding law, drive, driver licence, driver licence receipt, driver licensing authority, foreign driver licence, infringement notice, international driving permit, international visitor, learner licence, member of the police force, motor vehicle, national schedule of demerit points, probationary licence, provisional licence, restricted licence, road, road related area.","sortOrder":87}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":598},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose as a model driver licensing scheme for national adoption. While lengthy and detailed, it does not appear to have expanded beyond the core driver licensing framework established in the 1997 original documents."},"complexity_factors":["Extensive cross-referencing between 'Primary Principles' and 'Supporting Principles' throughout","Multiple overlapping definitions (26 defined terms in Dictionary, plus additional definitions in clause 21)","Nested conditional logic for demerit points suspension with alternative 'good behaviour' election mechanism","Detailed tables for licence classes, conditions, and demerit points offences with specific rule references","Complex eligibility calculations excluding periods of suspension/disqualification from holding periods","Multiple review pathways (internal then external) with specific time limits and deeming provisions","Extensive delegation and exemption powers with conditions","Transitional provisions for 'superseded licences' with equivalence mapping requirements"],"plain_english_summary":"This is a model national driver licensing scheme drafted for Australian States and Territories to create uniform rules on who may be licensed, what vehicles each licence covers, and how licences can be suspended or cancelled. It centralises licence classes, a national demerit-offence schedule, mutual recognition of licences and point-sharing, medical standards for commercial drivers, review rights, and visitor exemptions.\n\nCrucially, it is a non‑binding template (drafted 1997) that was not itself enacted into law."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This instrument reproduces earlier model Primary and Supporting Principles as draft model driver‑licensing law (the Schedules) and does not itself create binding Commonwealth licensing law (regulation 3 Note 1). It therefore does not expand or materially change the substantive scope of driver licensing beyond the original 1997 model text: the content is presented as formatted but \"otherwise unaltered\" (regulation 3 Note 5). The Regulations serve as a published reference for States and Territories rather than a substantive extension of the original model’s purpose."},"complexity_factors":["Lengthy instrument containing two long model documents (Schedules 1 and 2) totalling many Parts and Clauses","High number of defined terms collected in a Dictionary (Part 6 / Dictionary) and frequent intra‑text cross‑references","Multiple nested conditional rules and subprinciples (eg. Primary Principle 12 with alternatives, elections and deferred counting rules)","Extensive cross‑references to external instruments and standards (Australian Road Rules, Mass and Loading Regulations, medical guidelines)","Incorporation by reference and adoption mechanisms (Supporting Principle 17(2)) that create external dependencies","Administrative complexity: registers, fees, delegation, review rights, evidence provisions and refund formulae scattered through different Parts","Duplication and repetition in the text (Primary and Supporting Principles iterate similar provisions), increasing reading burden","Mixture of non‑binding model text (Schedules are expressly non‑lawful as published) alongside provisions which require state implementation — creating conditional operational complexity"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It registers and publishes two model documents called the \"Primary Principles\" and \"Supporting Principles\" for a national driver‑licensing scheme (Schedules 1 and 2). Those schedules are draft model rules prepared in 1997 and included here as text for reference (regulation 3 and Notes to regulation 3). The instrument itself does not convert those schedules into Commonwealth law; the Regulations record the model text for use by States and Territories (regulation 3 Note 1).\n\n- The model text in the Schedules sets out a complete template for how a driver licensing system could operate across jurisdictions: purposes and scope (Primary Principle 2), who runs it (Minister may appoint a driver licensing authority — Primary Principle 6), what that authority does (maintain licence and demerit registers, provide information, set and collect fees — Primary Principle 8; Supporting Principles 11, 12, 37), rule‑making powers (States/Territories may make regulations consistent with the Supporting Principles — Supporting Principle 17), and a detailed set of duties, offences and administrative procedures (see Supporting Principles Parts 2–11).\n\n- Important operational rules in the model text include:\n - Uniform licence classes and the vehicle kinds each class covers (Supporting Principle 13).\n - A national demerit points framework and a suspension regime: 12 or more demerit points in the previous 3 years triggers a suspension notice; suspension length depends on total points (12–15 → 3 months; 16–19 → 4 months; 20+ → 5 months). There is an alternative: within 21 days of a suspension notice a driver may elect 12 months \"good behaviour\"; if the driver then incurs 2+ points in that year, a suspension is applied for double the original period (Primary Principle 12; Supporting Principle 21).\n - Mutual recognition obligations: authorities must recognise driver licences issued by other jurisdictions and transmit offence information to the issuing authority where appropriate (Primary Principle 14).\n - Registers and privacy: the model requires maintenance of a driver licence register and demerit points register, and limits release of personal/commercially‑sensitive information except as permitted (Primary Principle 8, 15; Supporting Principle 11, 12).\n - Application, medical and testing procedures for issue/renewal, and grounds and procedures for refusal, variation, suspension and cancellation, plus internal and external review rights for affected people (Supporting Principles 3–7, 16, 23–27).\n - Offences listed in the model: driving when unlicensed or disqualified, obtaining a licence by false statements, failing to comply with licence conditions or document requirements, and other notification and document offences (Primary Principle 21–23; Supporting Principles 32–34).\n - Administrative and fee provisions, waiver powers, and transitional rules for older licences (Supporting Principles Parts 10–11).\n - Indemnities for officials acting honestly in good faith (Primary Principle 24).\n\n**Who is affected**\n\n- Drivers and prospective drivers: the model defines who can apply, eligibility criteria for different licence classes, medical and testing obligations, demerit consequences, and limits for interstate/international visitors (Supporting Principles 3, 13, 16, 21, 31).\n- Driver licensing authorities and their staff: duties to maintain registers, record and share demerit information, grant or refuse licences, and exercise delegation powers (Primary Principles 6–9, 16; Supporting Principles 11, 35–36).\n- Ministers and governments: the Minister may appoint the authority and, under the model, can fix or enable fees (Primary Principle 6–7; Supporting Principle 17).\n- Courts and tribunals: evidentiary provisions allow certified register extracts to be admitted in court (Primary Principle 23).\n- Interstate and foreign jurisdictions: the model requires information exchange and mutual recognition in many cases (Primary Principle 14; Supporting Principle 31).\n\n**Why it matters (claimed purposes and practical effects)**\n\n- The published model claims to provide uniform licence classes, clearer eligibility rules, a single (national) schedule of demerit offences and points, and consistent administrative procedures to reduce compliance costs and improve road‑safety regulation (Primary Principle 2 and Note to regulation 3). That means:\n - Centralised standards: private actors (drivers, employers) face a clearer set of national‑level expectations about classes, medical standards, and the consequences of offending (Supporting Principles 13, 16, 21).\n - Inter‑jurisdictional enforcement: authorities are required to share offence and demerit information, which changes incentives for drivers who move between jurisdictions or hold licences issued elsewhere (Primary Principle 14; Supporting Principle 31).\n - Administrative consolidation: model requires registers and provides for fee collection, replacement receipts and refund formulas — creating predictable revenue and record‑keeping tasks for licensing agencies (Primary Principle 8; Supporting Principle 11, 22).\n\n**Costs, incentives and trade‑offs to watch (mechanisms, not judgments)**\n\n- Who pays: licence fees, administrative fees and fines are payable by drivers or applicants (Supporting Principles 4, 20, 37). Tests, medicals and any retraining or assessments are at the applicant’s cost (Supporting Principle 4(3)(c)).\n\n- Who decides and where discretion sits: the Minister and the driver licensing authority have significant delegated discretion — to appoint the authority (Primary Principle 6), fix fees by Gazette notice (Primary Principle 7), exempt persons or classes (Supporting Principle 30), and specify conditions and medical standards (Supporting Principles 14, 16). That concentrates implementation choices in the executive and the authority, rather than the full text of this regulation.\n\n- Compliance burden and administrative risk: maintaining accurate driver and demerit registers; verifying foreign licence histories; enforcing notice service and review timelines; and conducting medical tests and other assessments impose ongoing resource costs on licensing authorities and on drivers required to comply (Primary Principle 8; Supporting Principles 11, 16, 17, 35).\n\n- Information flows and privacy trade‑offs: mutual recognition and mandatory transmission of offence information to other authorities (Primary Principle 14) increase enforcement effectiveness but also raise data‑sharing and privacy considerations (Primary Principle 15; Supporting Principle 12 — applies Commonwealth Privacy Act principles).\n\n- Behavioural incentives: a national demerit threshold and the \"12‑month good behaviour\" alternative (Primary Principle 12) change drivers’ response to penalties (risk of a doubled suspension period if they reoffend during good behaviour). Making demerit point records persistent until suspension/expiry creates an incentive to avoid incremental offences.\n\n- Implementation and coordination costs between jurisdictions: the text is a model — States and Territories must adopt compatible laws and regulations (Supporting Principle 17). Variation in state implementation or delayed adoption could reduce the uniformity the model seeks to create (regulation 3 Note 5; Supporting Principle 17(2)).\n\n**Key legal mechanics to note**\n\n- The Schedules are model documents and, as published in these Regulations, do not themselves have the force of law (regulation 3 Note 1). States/Territories must adopt consistent regulations or laws for the model to have binding effect in their jurisdictions (Supporting Principle 17).\n\n- The model integrates and cross‑references other instruments and external standards (medical standards, Mass & Loading Regulations, Australian Road Rules), so practical application depends on a variety of other regulatory instruments (see Supporting Principles 13, 16, and notes in the text).\n\n**Sections to consult for operational detail**\n\n- Overall model text and non‑binding status: regulation 3 and its notes.\n- Purposes and binding/Crown/penalty intentions: Primary Principles 2–4.\n- Appointment, powers and functions of licensing authority: Primary Principles 6–9; Supporting Principles 36.\n- Demerit points, suspension and \"good behaviour\" election: Primary Principle 12; Supporting Principle 21.\n- Mutual recognition and information sharing: Primary Principle 14; Supporting Principle 31.\n- Application, medical and testing requirements, and grounds for refusal: Supporting Principles 3–6, 16.\n- Offences and evidentiary provisions: Primary Principles 21–23; Supporting Principles 32–34.\n- Privacy and register release rules: Primary Principle 15; Supporting Principle 12.\n- Indemnities for officials: Primary Principle 24.\n\n(If you need, I can extract the exact wording of any specific clause or produce a one‑page checklist for a licensing agency or a driver to see which provisions will apply in a common scenario.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-transport-commission-road-transport-legislation-driver-licensing-regulations-2006","history":"/api/acts/national-transport-commission-road-transport-legislation-driver-licensing-regulations-2006/history","analysis":"/api/acts/national-transport-commission-road-transport-legislation-driver-licensing-regulations-2006/analysis","conflicts":"/api/acts/national-transport-commission-road-transport-legislation-driver-licensing-regulations-2006/conflicts","importantCases":"/api/acts/national-transport-commission-road-transport-legislation-driver-licensing-regulations-2006/important-cases","documents":"/api/acts/national-transport-commission-road-transport-legislation-driver-licensing-regulations-2006/documents"}}