{"id":"a-1999-78","name":"Road Transport (Driver Licensing) Act 1999","slug":"road-transport-driver-licensing-act-1999","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"78 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24276,"registerId":"act-a-1999-78-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are—\n(a) to provide for a driver licensing system in the ACT that is part\nof a uniform national approach to driver licensing (including\nuniform driver licence classes and licence eligibility criteria);\nand\n(b) to define the responsibilities of people in relation to driver\nlicensing; and\n(c) to provide a way of authorising the driving of motor vehicles on\nroads and road related areas and of identifying people as\nlicensed drivers of motor vehicles; and\n\nPreliminary Part 1\nSection 4\n(d) to facilitate the regulation of drivers of motor vehicles in the\ninterests of road safety and transport efficiency and law\nenforcement generally; and\n(e) to provide a way of enforcing safety standards relating to the\ndriving of motor vehicles on roads and road related areas; and\n(f) to facilitate—\n(i) the recovery of expenses of administering the driver\nlicensing system; and\n(ii) the collection of fees determined for this Act under the\nRoad Transport (General) Act 1999; and\n(g) to provide for other matters relating to learner, probationary,\nprovisional, public vehicle and restricted licences; and\n(h) to improve road safety and transport efficiency, and reduce the\ncosts of administering road transport.\nNote This Act establishes a driver licensing system, including a demerit points\nsystem, and provides for the classes of driver licences and for the issue,\nsuspension, cancellation and renewal of driver licences.\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms, and includes\nreferences (signpost definitions) to other terms defined elsewhere in this\nAct or elsewhere in the road transport legislation.\nFor example, the signpost definition ‘road transport legislation—see the\nRoad Transport (General) Act 1999, section 6.’ means the term ‘road\ntransport legislation’ is defined in that section and the definition applies\nto this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155).\n\nSection 5\npage 4 Road Transport (Driver Licensing) Act 1999\n5 Notes\nA note in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":1},{"sectionNumber":"5A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, sch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 31A (Offence—driving while right to drive suspended)\n• s 33A (Contravening interlock condition).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor an offence to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nFunctions of road transport authority generally Division 2.1\nSection 6\nDivision 2.1 Functions of road transport authority\ngenerally\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Functions of road transport authority","content":"6 Functions of road transport authority\nThe functions of the road transport authority under this Act are—\n(a) to administer the driver licensing system established under this\nAct; and\n(b) to keep a driver licence register under this Act; and\n(c) to keep a demerit points register under this Act; and\n(d) to provide information about drivers in accordance with this Act\nand other laws in force in the ACT; and\n(e) to administer any scheme for driver training or the accreditation\nof driving instructors established by regulation; and\n(f) to exercise any other functions given to the authority under this\nAct.\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Powers of road transport authority","content":"7 Powers of road transport authority\nIn exercising functions under this Act, the road transport authority\nmay, in accordance with this Act—\n(a) issue or refuse to issue a driver licence to a person; and\n(b) renew or refuse to renew a driver licence issued to a person; and\n(c) cancel or suspend a driver licence issued to a person; and\n(d) impose conditions on a driver licence; and\n(e) collect fees, charges and other amounts determined for this Act\nunder the Road Transport (General) Act 1999; and\n(f) exercise other powers given to the authority under this Act.\n\nDivision 2.1 Functions of road transport authority generally\nSection 8\npage 6 Road Transport (Driver Licensing) Act 1999\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Keeping of registers","content":"8 Keeping of registers\n(1) The driver licence register and demerit points register may include\ninformation given to the road transport authority under this Act and\nany other information the authority considers appropriate.\n(2) The driver licence register and demerit points register may be kept in\nthe form of, or as part of, 1 or more computer databases or in any\nother form the road transport authority considers appropriate.\n(3) The road transport authority may correct any mistake, error or\nomission in the driver licence register or the demerit points register\nsubject to the requirements (if any) prescribed by regulation.\n(4) This section does not limit the functions of the road transport\nauthority in relation to the driver licence register or demerit points\nregister.\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Security and disclosure of information in registers","content":"9 Security and disclosure of information in registers\nThe road transport authority must ensure that information in the\ndriver licence register or demerit points register is kept securely and\ndisclosed only in accordance with this Act or another law in force in\nthe ACT.\nNote 1 The Territory privacy principles apply to the road transport authority (see\nNote 2 Access to the register may be sought under the Freedom of Information\nAct 2016 (which also provides that certain information is exempt from\ndisclosure).\n\nIssue of licences and mutual recognition Division 2.2\nSection 10\nDivision 2.2 Issue of licences and mutual\nrecognition\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"When road transport authority may issue or renew driver","content":"10 When road transport authority may issue or renew driver\nlicences\n(1) The road transport authority may issue a driver licence (including a\ndriver licence as varied) to a person only if—\n(a) the authority is satisfied the person is a resident of the ACT; and\n(b) the person is eligible under this Act to be issued with the driver\n(c) the person has surrendered, in accordance with the regulations,\nany Australian driver licence or external driver licence held by\nthe person.\n(2) However, the road transport authority may issue the driver licence to\nthe person without the person surrendering an Australian driver\nlicence or external driver licence if the authority is satisfied the\nlicence has been stolen, lost or destroyed.\n(3) Also, if the person holds an external driver licence, the road transport\nauthority may issue the driver licence to the person without the person\nsurrendering the external driver licence in the circumstances\nprescribed by regulation.\n(4) The road transport authority must not renew a person’s driver licence\nif the authority is satisfied the person is no longer a resident of the\nACT.\n\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Issue of licences and mutual recognition","content":"Division 2.2 Issue of licences and mutual recognition\nSection 11\npage 8 Road Transport (Driver Licensing) Act 1999\n(5) Subsections (1) and (4), as far as they require a person to be a resident\nof the ACT, do not apply to––\n(a) a person who lives temporarily outside the ACT; or\n(b) a person who is the holder of a foreign driver licence who is\neligible to apply for, or be issued with, a probationary licence\nbecause of the regulation, section 103AA (Overseas drivers––\neligibility criteria).\n(6) This section does not limit the other circumstances in which the road\ntransport authority may refuse to issue, vary or renew a driver licence.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Mutual recognition of Australian driver licences","content":"11 Mutual recognition of Australian driver licences\n(1) The road transport authority must, in accordance with the regulations,\nrecognise—\n(a) Australian driver licences issued by the licensing authorities of\nother jurisdictions; and\n(b) conditions that apply to those licences, other than conditions that\napply only in circumstances that are unique to another\njurisdiction or that are prescribed by regulation.\n(2) A regulation may make provision in relation to the effect of the\nrecognition of licences and licence conditions by the road transport\nauthority.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Mutual recognition of demerit points","content":"12 Mutual recognition of demerit points\n(1) If the holder of an Australian driver licence issued by the licensing\nauthority of another jurisdiction commits an offence against a\nterritory law that is included in the national schedule of demerit\npoints, the road transport authority must give all relevant information\nabout the offence to the licensing authority of the other jurisdiction.\n\nIssue of licences and mutual recognition Division 2.2\nSection 12\n(2) If a person, who is not the holder of an Australian driver licence and\nwho ordinarily lives in another jurisdiction, commits an offence\nagainst a territory law that is included in the national schedule of\ndemerit points, the road transport authority must give all relevant\ninformation about the offence to the licensing authority of the other\njurisdiction.\n(3) However, the road transport authority is not required to give\ninformation under subsection (1) or (2) until—\n(a) if the person is convicted, or found guilty, of the offence—the\nlast day when the person could have appealed against the\nconviction or finding or, if the person appeals against the\nconviction or finding, the appeal is dismissed or discontinued;\nor\n(b) the person is served with an infringement notice for the offence\nand the infringement notice penalty for the offence is paid in\nwhole or in part; or\n(c) if the person is served with an infringement notice for the\noffence and the person applies in accordance with the Road\nTransport (General) Act 1999 for additional time to pay the\ninfringement notice penalty for the offence or do a relevant\nthing—the administering authority for the offence allows the\nperson additional time to do the thing; or\n(d) if the person is served with an infringement notice for the\noffence and the person does not pay the infringement notice\npenalty for the offence or do a relevant thing—the time within\nwhich the thing is required to be done under that Act has ended.\nNote For when an infringement notice penalty is payable etc, see the\nRoad Transport (General) Act 1999, div 3.2.\n\nSection 13\npage 10 Road Transport (Driver Licensing) Act 1999\n(4) If the road transport authority receives information about a person\nfrom the licensing authority of another jurisdiction under a provision\nof a law of the other jurisdiction that corresponds to subsection (1) or\n(2), the authority must take the action under this Act that the authority\nwould have taken if the offence had been committed in the ACT\nagainst a territory law.\n(5) In this section:\nrelevant thing means—\n(a) apply for either of the following in accordance with the Road\nTransport (General) Act 1999:\n(i) an infringement notice management plan or, if the person\nhas an infringement notice management plan, the addition\nof the infringement notice penalty to the plan;\n(ii) waiver of the infringement notice penalty; or\n(b) apply for withdrawal of the infringement notice in accordance\nwith the Road Transport (General) Act 1999; or\n(c) give an infringement notice declaration in accordance with the\nRoad Transport (General) Act 1999; or\n(d) give a notice disputing liability for the offence in accordance\nwith the Road Transport (General) Act 1999.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of demerit points offence","content":"13 Meaning of demerit points offence\nIn this Act:\ndemerit points offence means—\n(a) an offence included in the national schedule of demerit points;\nor\n\nSection 13A\n(b) any other offence prescribed by regulation under the Road\nTransport (General) Act 1999 for section 14 (1) (Offences for\nwhich demerit points are incurred); or\n(c) an offence recognised under section 14 (2).\n","sortOrder":11},{"sectionNumber":"13A","sectionType":"section","heading":"Recording of demerit points","content":"13A Recording of demerit points\n(1) The road transport authority must record, in the demerit points\nregister, against a person the number of demerit points prescribed by\nregulation made under the General Act for the demerit points offence\nif—\n(a) the person is convicted, or found guilty, of the offence; or\n(b) the person is served with an infringement notice for the offence\nand—\n(i) the infringement notice penalty for the offence has been\npaid in full or in part; or\n(ii) the infringement notice penalty for the offence has not been\npaid in full or in part in the time required for its payment\nunder the General Act (the required time), and the person\nhas not in the required time given the administering\nauthority—\n(A) an infringement notice declaration for the offence; or\n(B) a notice disputing liability for the offence in\naccordance with the General Act; or\nNote For when an infringement notice penalty is payable, see the\nGeneral Act, div 3.2.\n\nSection 13B\npage 12 Road Transport (Driver Licensing) Act 1999\n(c) the person is served with an infringement notice for the offence,\nthe person applies in accordance with the Road Transport\n(General) Act 1999 for payment of the infringement notice\npenalty by extension of time to pay, payment by instalments,\ndischarge of penalty by community work or social development\nprogram, and the administering authority allows the person the\noption sought; or\n(d) the person is served with an infringement notice for the offence,\nthe person applies in accordance with the Road Transport\n(General) Act 1999 for waiver of the infringement notice\npenalty for the offence, and the administering authority waives\nthe penalty; or\n(e) the person is served with an infringement notice for the offence\nand, as a result, gives the administering authority an\ninfringement notice declaration, and the administering authority\ndoes not accept the declaration for the General Act, division 3.3\nand refuses to withdraw the infringement notice.\n(2) The demerit points must be recorded in the demerit points register for\nthe day when the offence was committed.\n(3) In this section:\nGeneral Act means the Road Transport (General) Act 1999.\ninfringement notice declaration—see the General Act, section 21A.\n","sortOrder":12},{"sectionNumber":"13B","sectionType":"section","heading":"When demerit points are incurred","content":"13B When demerit points are incurred\n(1) This section applies to demerit points recorded against a person in the\ndemerit points register for a demerit points offence (including demerit\npoints for an offence notified to the road transport authority under\nsection 12 (4) (Mutual recognition of demerit points)).\n(2) The demerit points are taken to have been incurred by the person on\nthe day when the offence to which the demerit points relate was\ncommitted.\n\nSection 14\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Offences for which demerit points are incurred","content":"14 Offences for which demerit points are incurred\n(1) A regulation made under the Road Transport (General) Act 1999 may\nprescribe—\n(a) the offences (relating to the use of motor vehicles), and the\nnumber of demerit points incurred for each offence, that make\nup the national schedule of demerit points; and\n(b) additional offences (relating to the use of motor vehicles)\nagainst territory law for which demerit points may be incurred\nand the number of demerit points incurred for each offence.\n(2) The Minister may—\n(a) recognise offences (relating to the use of motor vehicles) against\nthe law of another jurisdiction that are not included in the\nnational schedule of demerit points as offences for which\ndemerit points may be incurred; and\n(b) state the number of demerit points incurred for each offence.\n(3) The Minister may revoke the recognition of an offence under\nsubsection (2) or amend the number of demerit points stated for an\noffence.\n(4) A regulation under the Road Transport (General) Act 1999 or an\ninstrument under this section may provide for different numbers of\ndemerit points for the same offence in different circumstances\n(whether or not the offence is included in the national schedule of\ndemerit points).\n(5) An offence is recognised under this section on the day the instrument\nrecognising the offence is notified under the Legislation Act or, if a\nlater day or time is provided in the instrument, on the later day or at\nthe later time.\n\nSection 15\npage 14 Road Transport (Driver Licensing) Act 1999\n(6) A revocation or amendment under subsection (3) takes effect on the\nday the instrument making the revocation or amendment is notified\nunder the Legislation Act or, if a later day or time is provided in the\ninstrument, on the later day or at the later time.\n(7) However, the revocation or amendment does not affect any demerit\npoints incurred before the revocation or amendment begins.\n(8) An instrument under subsection (2) or (3) is a disallowable\ninstrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Warning notices","content":"15 Warning notices\n(1) This section applies to the holder of a driver licence, other than a\nlearner licence, probationary licence, provisional licence or restricted\nlicence.\nNote Learner, probationary, provisional and restricted licences are dealt with\nby regulation, see s 22.\n(2) If the person incurs 7 or more demerit points within the 3 year period\nending on the day when the person last committed an offence for\nwhich demerit points have been recorded against the person, the road\ntransport authority must send a notice to the person—\n(a) reminding the person of the number of demerit points incurred\nby the person; and\n(b) warning the person about the relevant provisions of this Act.\n(3) Failure to comply with subsection (2) does not affect the validity of\nanything done by the road transport authority or a court.\n\nSection 16\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Consequences of incurring demerit points—holder of","content":"16 Consequences of incurring demerit points—holder of\nlicence\n(1) This section applies to a person if—\n(a) the person is the holder of a driver licence, other than a learner\nlicence, probationary licence, provisional licence or restricted\n(b) the person incurs 12 or more demerit points within the 3 year\nperiod ending on the day when the person last committed an\noffence for which demerit points have been recorded against the\nperson.\n(2) The road transport authority must serve a notice of licence suspension\non the person under section 18.\n(3) If the person’s licence is already suspended (the current suspension)\nunder a territory law, before serving a notice of licence suspension\nthe road transport authority must serve a notice on the person stating\nthat—\n(a) the person has incurred the demerit points; and\n(b) the licence suspension under section 18 is additional to, not\nconcurrent with, the current suspension; and\n(c) the person will be served with a notice of licence suspension\nunder section 18.\n(4) Failure to comply with subsection (3) does not affect the validity of\nanything done by the road transport authority or a court.\n(5) However, the road transport authority is not required to serve a notice\nof suspension on the person if the authority is of the opinion—\n(a) that it would be unreasonable to do so, having regard to when\nany offence for which demerit points were incurred was\ncommitted; or\n\nSection 17\npage 16 Road Transport (Driver Licensing) Act 1999\n(b) that it would be more appropriate for a notice of licence\nineligibility to be served on the person under section 20.\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Consequences of incurring demerit points—applicant for","content":"17 Consequences of incurring demerit points—applicant for\nissue or renewal of licence\n(1) This section applies to a person if—\n(a) the person applies to the road transport authority for a driver\nlicence (including the renewal of a driver licence), other than a\nlearner licence, probationary licence, provisional licence or\nrestricted licence; and\n(b) the person has incurred 12 or more demerit points within the\n3 year period ending on the day when the person last committed\nan offence for which demerit points have been recorded against\nthe person.\n(2) The road transport authority may—\n(a) refuse the person’s application and serve a notice of licence\nineligibility on the person under section 20; or\n(b) issue the licence and serve a notice of licence suspension on the\nperson under section 18.\n(3) However, the road transport authority must not serve a notice of\nlicence ineligibility and a notice of licence suspension on the person\nfor the same 3 year period.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Licence suspension","content":"18 Licence suspension\n(1) A notice of licence suspension served on a person by the road\ntransport authority under this section—\n\nSection 18\n(2) The period of licence suspension is the period, beginning on the date\nof effect, applying under table 18.\nTable 18 Table of licence suspension for demerit points\ncolumn 1\nitem\ncolumn 2\nnumber of demerit\npoints incurred within\nprevious 3 years\ncolumn 3\nperiod of licence suspension\n1 12-15 3 months\n2 16-19 4 months\n3 20 or more 5 months\n(3) If the person does not make an election under section 19, the person’s\ndriver licence is suspended for the period of licence suspension.\n(4) A person whose driver licence is suspended under this section is not\n(5) At the beginning of the period of licence suspension under this section\nor, if the person makes an election under section 19, the 12 months\nperiod of good behaviour under that section, all demerit points\nrecorded in the demerit points register against the person on the date\nof the notice of licence suspension under this section, and taken into\naccount for the notice, are taken to be deleted.\n\nSection 19\npage 18 Road Transport (Driver Licensing) Act 1999\n(6) Subsection (5) does not prevent the road transport authority keeping\n(7) In this section:\nprevious 3 years means the 3 year period ending on the day when the\nperson last committed an offence for which demerit points have been\nrecorded against the person.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Good behaviour alternative to licence suspension","content":"19 Good behaviour alternative to licence suspension\n(1) If a person is served with a notice of licence suspension under section\n18, the person may elect, as an alternative to undergoing the period\nof licence suspension applying under the notice, to be of good\nbehaviour for a 12-month period.\n(2) The election must be made by notice given to the road transport\nauthority in the period that—\n(a) begins on the day the notice of licence suspension was served\non the person; and\n(b) ends the day before the person’s licence suspension ends.\n(3) The 12-month period of good behaviour under this section begins—\n(a) for a person who makes an election on or before the day on\nwhich the suspension of their licence is to begin—the day the\nperson’s licence suspension would have begun; or\n(b) for a person who makes an election after the day on which the\nsuspension of their licence is to begin—the day the authority\nreceives notice of the election.\n(4) If the person makes the election and incurs 2 or more demerit points\nduring the 12 month good behaviour period, the road transport\nauthority must serve a notice of licence suspension on the person\nunder this section.\n\nSection 19\n(5) The notice of licence suspension—\n(6) The period of licence suspension is the period, beginning on the date\nof effect, that is twice as long as the period of licence suspension that\nwould have applied to the person if the person had not made the\nelection.\n(7) If the person is served with a notice of licence suspension under this\nsection, the person’s driver licence is suspended for the period of\nlicence suspension.\n(8) A person whose driver licence is suspended under this section is not\n(9) At the beginning of the period of licence suspension under this\nsection, all demerit points recorded in the demerit points register\nagainst the person on the date of the notice of licence suspension\nunder this section, and taken into account for the notice, are taken to\nbe deleted.\n(10) Subsection (9) does not prevent the road transport authority keeping\n\nSection 19A\npage 20 Road Transport (Driver Licensing) Act 1999\n","sortOrder":19},{"sectionNumber":"19A","sectionType":"section","heading":"Notice of suspension confirmation notice","content":"19A Notice of suspension confirmation notice\n(1) This section applies if—\n(a) the road transport authority—\n(i) serves a notice of licence suspension on a person under\nsection 18 (Licence suspension), and the person has not\nelected, under section 19 (Good behaviour alternative to\nlicence suspension), to be of good behaviour for a\n12-month period; or\n(ii) serves a notice of licence suspension on a person under\nsection 19; and\n(b) a police officer stops the person while the person is driving a\nmotor vehicle; and\n(c) the police officer tells the person that the person’s driver licence\nis suspended.\n(2) The person is taken to know that the person’s driver licence is\nsuspended.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Licence ineligibility","content":"20 Licence ineligibility\n(1) A notice of licence ineligibility served on a person by the road\ntransport authority under this section—\nserved on the person, when the ineligibility of the person to\nobtain a driver licence is to begin (the date of effect); and\n(c) must state the period of licence ineligibility; and\n\nSection 20\n(2) The period of licence ineligibility is the period, beginning on the date\nof effect, applying under table 20.\nTable 20 Table of licence ineligibility for demerit points\ncolumn 1\nitem\ncolumn 2\nnumber of demerit points\nincurred within previous 3 years\ncolumn 3\nperiod of licence ineligibility\n1 12-15 3 months\n2 16-19 4 months\n3 20 or more 5 months\n(3) If the person does not make an election under section 21, the person\nis disqualified from holding or obtaining a driver licence during the\nperiod of licence ineligibility and is not entitled to apply for, or be\nissued with, a restricted licence during that period.\n(4) At the beginning of the period of licence ineligibility under this\nsection or, if the person makes an election under section 21, the\n12 months period of good behaviour under that section, all demerit\npoints recorded in the demerit points register against the person on\nthe date of the notice of licence ineligibility under this section, and\ntaken into account for the notice, are taken to be deleted.\n(5) Subsection (4) does not prevent the road transport authority keeping\n(6) In this section:\nprevious 3 years means the 3 year period ending on the day when the\nperson last committed an offence for which demerit points have been\nrecorded against the person.\n\nSection 21\npage 22 Road Transport (Driver Licensing) Act 1999\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Good behaviour alternative to licence ineligibility","content":"21 Good behaviour alternative to licence ineligibility\n(1) If a person is served with a notice of licence ineligibility under section\n20, the person may elect, as an alternative to undergoing the period\nof licence ineligibility applying under the notice, to be of good\nbehaviour for a 12-month period.\n(2) The election must be made by notice given to the road transport\nauthority in the period that—\n(a) begins on the day the notice of licence ineligibility was served\non the person; and\n(b) ends the day before the person’s licence ineligibility ends.\n(3) The 12-month period of good behaviour under this section begins—\n(a) for a person who makes an election on or before the day on\nwhich the period of licence ineligibility is to begin—the day the\nperson’s licence ineligibility would have begun; or\n(b) for a person who makes an election after the day on which the\nperiod of licence ineligibility is to begin—the day the authority\nreceives notice of the election.\n(4) If the person makes the election and incurs 2 or more demerit points\nduring the 12 months good behaviour period, the road transport\nauthority must serve a notice of licence suspension on the person\nunder this section.\n(5) The notice of licence suspension—\n\nSection 22\n(6) The period of licence suspension is the period, beginning on the date\nof effect, that is twice as long as the period of licence ineligibility that\nwould have applied to the person if the person had not made the\nelection.\n(7) If the person is served with a notice of licence suspension under this\nsection, the person’s driver licence is suspended for the period of\nlicence suspension.\n(8) A person whose driver licence is suspended under this section is not\n(9) At the beginning of the period of licence suspension under this\nsection, all demerit points recorded in the demerit points register on\nthe date of the notice of licence suspension under this section, and\ntaken into account for the notice, are taken to be deleted.\n(10) Subsection (9) does not prevent the road transport authority keeping\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Demerit points incurred by learner, probationary,","content":"22 Demerit points incurred by learner, probationary,\nprovisional and restricted licence holders etc\n(1) A regulation may make provision in relation to—\n(a) the issue (including renewal), suspension or cancellation by the\nroad transport authority of a learner licence, probationary\nlicence, provisional licence or restricted licence (a relevant\nlicence) if the applicant for the licence incurs the prescribed\nnumber or more of demerit points for the licence; or\n\nSection 22\npage 24 Road Transport (Driver Licensing) Act 1999\n(b) the suspension or cancellation by the authority of any other\ndriver licence if the holder of the licence has incurred the\nprescribed number or more of demerit points for a relevant\nlicence held by the person; or\n(c) the suspension or cancellation by the authority of an additional\nprovisional class of a driver licence if the holder of the licence\nincurs the prescribed number or more of demerit points for the\nadditional provisional class.\nExample for par (b)\nIf a person incurs the prescribed number of demerit points for a provisional licence\nheld by the person and, before a notice of licence suspension takes effect, the person\nis issued with a licence to which section 16 applies (a full licence), a regulation\nmay authorise the full licence to be suspended even though the person has not\nincurred 12 or more demerit points.\n(2) A regulation may also make provision in relation to—\n(a) warning, suspension and cancellation notices in relation to\ndemerit points; or\n(b) periods of suspension and periods of inability to obtain a driver\nlicence; or\n(c) the circumstances when suspension rather than cancellation may\nbe imposed; or\n(d) disregarding demerit points, or deleting demerit points from the\ndemerit points register, and the circumstances when such action\nmay or must be taken; or\n(e) other consequences for a person in relation to demerit points\nincurred by the person.\n\nSection 23\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Demerit points incurred but not taken into account for","content":"23 Demerit points incurred but not taken into account for\nnotice of licence suspension etc\n(1) This section applies to—\n(a) demerit points incurred by a person on or before the date of a\nnotice of licence suspension or ineligibility served on the person\nunder this division and that were not taken into account for the\nnotice; and\n(b) demerit points incurred by the person after the date of the notice\nand—\n(i) before the period of licence suspension or licence\nineligibility applying under the notice begins; or\n(ii) if the person elects under this division to be of good\nbehaviour for 12 months—before the period of good\nbehaviour begins.\n(2) The demerit points are only taken into account in relation to the\nperson from the end of the period of licence suspension or ineligibility\napplying under the notice or, if the person elects under this division\nto be of good behaviour for 12 months, from the end of the good\nbehaviour period.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Demerit points not affected by licence suspension etc","content":"24 Demerit points not affected by licence suspension etc\nunder another law\n(1) A period of licence suspension under this division is additional to, not\nconcurrent with, any period of licence suspension otherwise imposed\nunder this division or another territory law.\n(2) A period of disqualification from holding or obtaining a driver licence\nunder this division is additional to, not concurrent with, any period of\ndisqualification or licence suspension otherwise imposed under this\ndivision or another territory law.\n\nSection 25\npage 26 Road Transport (Driver Licensing) Act 1999\n(3) Demerit points recorded in the demerit points register against a\nperson are not affected by a period of licence suspension or\ndisqualification imposed by a court in Australia or under part 3 or any\nother territory law.\n(4) This section does not prevent the regulations from requiring the road\ntransport authority to take into account an earlier period of suspension\nended by a disqualification in deciding whether to issue a new driver\nlicence to a person who has completed the period of disqualification.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Issue of licence suspension notice etc","content":"25 Issue of licence suspension notice etc\nThe road transport authority may give a notice of suspension or\nlicence ineligibility to a person under this division without giving the\nperson an opportunity to make representations about why the notice\nshould not be given.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Regulation-making power","content":"26 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n20 penalty units for offences.\n27 Regulations may apply certain documents\nA regulation may apply a publication of the National Transport\nCommission or any other instrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n\nRegulations Division 2.4\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Driver licensing system","content":"28 Driver licensing system\n(1) A regulation is to provide for a system of licensing drivers of motor\nvehicles used on roads or road related areas that provides a way of\nauthorising the driving of motor vehicles on roads and road related\nareas and identifying people as licensed drivers of motor vehicles.\n(2) A regulation may also––\n(a) make provision in relation to—\n(i) the issue or refusal to issue driver licences; and\n(ii) the renewal and the refusal to renew driver licences; and\n(iii) the imposition of conditions on driver licences; and\n(iv) the replacement of and refusal to replace driver licences;\nand\n(b) make provision in relation to the cancellation, variation and\nsuspension of driver licences; and\n(c) fix the periods for which a driver licence or renewal remains in\nforce; and\n(d) require the production of information by—\n(i) applicants for driver licences or for renewals or variation\nof driver licences; or\n(ii) holders of driver licences; and\n(e) require the production of information by health practitioners\nrelating to a person’s fitness to drive a motor vehicle; and\n(f) make provision in relation to the recognition by the road\ntransport authority of things done under a corresponding law;\nand\n(g) provide that this Act, or a stated provision of this Act, does not\napply, or ceases to apply, to people prescribed by regulation; and\n\npage 28 Road Transport (Driver Licensing) Act 1999\n(h) provide that people prescribed by regulation are exempt from\nthis Act or a stated provision of this Act; and\n(i) allow the road transport authority to revoke, in the way and in\ncircumstances prescribed by regulation, an exemption given\nunder a regulation made for paragraph (h); and\n(j) prescribe different classes and kinds of driver licences, grade\neach class or kind by reference to the driving skills required for\nthe class or kind, and prescribe the eligibility criteria for the\nissue of each class or kind of licence; and\n(k) allow the road transport authority to exempt people from\nholding a driver licence (whether or not subject to conditions\nimposed by the authority); and\n(l) make provision in relation to the keeping of the driver licence\nregister or demerit points register; and\n(m) prescribe the circumstances in which driver licences must be\nsurrendered or returned to the road transport authority; and\n(n) make provision in relation to the disclosure of personal\ninformation in the driver licence register or demerit points\nregister; and\n(o) make provision in relation to competency-based assessment\nschemes relating to driver licensing; and\n(p) require people who are—\n(i) applicants for driver licences or for renewal or variation of\ndriver licences; and\n(ii) holders of driver licences; and\n\nRegulations Division 2.4\n(iii) people exempted by regulation from holding a driver\nlicence;\nto submit to tests or medical or other examinations to assess\nfitness to obtain, hold or continue to hold a driver licence, a\nvaried driver licence or an exemption from holding a driver\n(q) require the holder of an Australian driver licence issued under\nthe law of another jurisdiction to submit to tests or medical or\nother examinations to assess the person’s fitness to drive in the\nACT; and\n(r) provide for the disclosure of information about a person’s fitness\nto drive a motor vehicle to an entity of another jurisdiction that\ncorresponds to the road transport authority; and\n(s) make provision in relation to driver training schemes; and\n(t) make provision in relation to the accreditation of driving\ninstructors, including the conduct and content of driving\ninstruction and examinations; and\n(u) require a person convicted or found guilty of a disqualifying\noffence, that relates to alcohol, against the Road Transport\n(Alcohol and Drugs) Act 1977 to complete a course approved by\nthe road transport authority about the effects of alcohol,\nincluding its effects on driving and health; and\n(v) require a person convicted or found guilty of a disqualifying\noffence, that relates to a prescribed drug, against the Road\nTransport (Alcohol and Drugs) Act 1977 to complete a course\napproved by the road transport authority about the effects of\ndrugs, including their effects on driving and health; and\n(w) make provision in relation to the imposition of a condition on a\nperson’s driver licence requiring an alcohol ignition interlock\ndevice to be fitted to a motor vehicle driven by the person; and\n\npage 30 Road Transport (Driver Licensing) Act 1999\n(x) make provision in relation to court-ordered therapeutic\nprograms for people convicted or found guilty of a disqualifying\noffence, that relates to alcohol, against the Road Transport\n(Alcohol and Drugs) Act 1977; and\n(y) make provision in relation to––\n(i) the approval by the road transport authority of alcohol\nignition interlock devices; and\n(ii) the provision, installation, testing and maintenance of\nalcohol ignition interlock devices; and\n(iii) the approval by the road transport authority of people to\nprovide, install, test and maintain alcohol ignition interlock\ndevices; and\n(z) make provision about matters to be dealt with by agreement\nbetween the road transport authority and people who provide,\ninstall, test and maintain alcohol ignition interlock devices.\n(3) The kinds of driver licence that may be prescribed include, but are\nnot limited to, conditional licences, learner licences, probationary\nlicences, provisional licences, public vehicle licences and restricted\nlicences.\n\nSection 29\nNote For offences in relation to false or misleading statements, information or\ndocuments, see the Criminal Code, pt 3.4\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Obtaining licence by false statements etc","content":"29 Obtaining licence by false statements etc\n(1) A person must not—\n(a) by a false statement, a misrepresentation or other dishonest\nmeans obtain a driver licence (including a driver licence as\nvaried) or the renewal of a driver licence; or\n(b) without lawful authority or excuse, possess an Australian driver\nlicence or external driver licence obtained or renewed (whether\nin the ACT or elsewhere) using those means.\n(2) A driver licence so obtained or renewed is void, and the road transport\nauthority may alter the driver licence register accordingly.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Unlawful possession of licence etc","content":"30 Unlawful possession of licence etc\n(1) A person must not, without lawful authority or excuse, possess—\n(a) an Australian driver licence or external driver licence issued to\nsomeone else; or\n(b) an Australian driver licence or external driver licence that has\nbeen forged, fraudulently changed or changed in a way\ncalculated to deceive; or\n(c) anything resembling an Australian driver licence or external\ndriver licence that is calculated to deceive.\n\npage 32 Road Transport (Driver Licensing) Act 1999\n(2) A person must not—\n(a) forge or fraudulently change or use an Australian driver licence\nor external driver licence; or\n(b) fraudulently lend or allow to be used by someone else an\nAustralian driver licence or external driver licence.\n(3) A person must not change an Australian driver licence or external\ndriver licence in a way calculated to deceive.\n(4) A person must not, without lawful authority or excuse, deface,\ndamage, or otherwise interfere with, an Australian driver licence or\nexternal driver licence.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Driver must be licensed","content":"31 Driver must be licensed\n(1) A person must not drive a motor vehicle on a road or road related area\nunless the person—\n(a) is the holder of an Australian driver licence that authorises the\nperson to drive a motor vehicle of that kind; or\n(b) is exempted by regulation from holding an Australian driver\nlicence.\n\n(2) A person who is not, and never has been, the holder of an Australian\ndriver licence must not drive a motor vehicle on a road or road related\narea unless the person is exempted by regulation from holding an\nAustralian driver licence.\n(a) for a first offender—20 penalty units; or\n(b) for a repeat offender—50 penalty units, imprisonment for\n6 months or both.\n(3) If—\n(a) a court convicts a person of an offence against subsection (2);\nand\n(b) the person is a repeat offender;\nthe person is automatically disqualified from obtaining a driver\nlicence for 3 years or, if the court orders a longer period, the longer\nperiod.\n(4) A disqualification under this section is in addition to any penalty\nimposed for the offence.\n(5) For subsections (2) and (7), a person is taken to never to have been\nthe holder of an Australian driver licence if the person has not held\nan Australian driver licence at any time within 5 years before being\nconvicted, or found guilty, of the offence concerned.\n\npage 34 Road Transport (Driver Licensing) Act 1999\n(6) For subsections (2) and (3):\n(a) a person who is convicted of an offence against subsection (2)\n(the current offence) is a repeat offender in relation to the\ncurrent offence if the person has been convicted, or found guilty,\nof an offence against the subsection within 5 years before being\nconvicted of the current offence; and\n(b) a person who is convicted of an offence against subsection (2)\nis a first offender in relation to the offence if the person is not a\nrepeat offender in relation to the offence.\n(7) A person who has never been the holder of an Australian driver\nlicence cannot be convicted or found guilty of an offence against both\nthis section and section 32 in relation to driving a motor vehicle on\nthe same occasion.\n(8) However, this section does not prevent the person from being\nconvicted or found guilty of an offence against section 32 in relation\nto driving a motor vehicle that is an offence against this section.\n(9) A person cannot be convicted or found guilty against both subsections\n(1) and (2) in relation to driving a motor vehicle on the same occasion.\n(10) However, a person charged with an offence against subsection (2) can\nbe convicted or found guilty instead of an offence against subsection\n(1), but a person charged with an offence against subsection (1)\ncannot be convicted or found guilty instead of an offence against\nsubsection (2).\nNote 1 The offences in this section do not apply to an authorised officer\n(including a police officer) or authorised assistant who drives a heavy\nvehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving\nunattended heavy vehicle on road if causing harm etc.).\nNote 2 The offences in this section do not apply to an authorised officer\n(including a police officer) or authorised assistant who starts or stops a\nheavy vehicle’s engine under the Heavy Vehicle National Law (ACT),\ns 523 (Starting or stopping heavy vehicle engine). Under that section, an\nauthorised officer or assistant may start or stop a heavy vehicle’s engine\nto assist with the exercise of powers under that Law.\n\nSection 31A\nNote 3 The offences in this section do not apply to a person who is required by\nan authorised officer (including a police officer) under the Heavy Vehicle\nNational Law (ACT), s 577 (Power to require reasonable help) to start or\nstop a heavy vehicle’s engine.\n","sortOrder":31},{"sectionNumber":"31A","sectionType":"section","heading":"Offence—driving while right to drive suspended","content":"31A Offence—driving while right to drive suspended\n(1) A person commits an offence if—\n(a) the person’s right to drive is suspended under a law of the\nterritory; and\n(b) the person drives a vehicle in the ACT.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Offences committed by disqualified drivers etc","content":"32 Offences committed by disqualified drivers etc\n(1) A person who is disqualified by a court in Australia or under the law\nof any jurisdiction from holding or obtaining an Australian driver\nlicence must not—\n(a) drive a motor vehicle on a road or road related area during the\nperiod of disqualification except in accordance with a restricted\nlicence issued to the person; or\n(b) apply for a driver licence during the period of disqualification\nand in, or in relation to, the application omit to mention the\ndisqualification.\n\nSection 32\npage 36 Road Transport (Driver Licensing) Act 1999\n(2) A person whose Australian driver licence is suspended by a court in\nAustralia or under the law of any jurisdiction must not—\n(a) drive a motor vehicle on a road or road related area during the\nperiod of suspension except in accordance with a restricted\nlicence issued to the person; or\n(b) apply for a driver licence during the period of suspension and in,\nor in relation to, the application omit to mention the suspension.\n(3) A person whose application for an Australian driver licence is refused\nin any jurisdiction, or whose Australian driver licence is cancelled by\na court in Australia or under the law of any jurisdiction (other than\nunder the Road Transport (General) Act 1999, section 66 (1) or a\ncorresponding provision of the law of another jurisdiction), must\nnot—\n(a) drive a motor vehicle on a road or road related area without\nhaving subsequently obtained an Australian driver licence; or\n(b) apply for a driver licence and in, or in relation to, the application\nomit to mention the refusal or cancellation.\n(4) A regulation may provide that subsection (1), (2) or (3) does not apply\nto the driving of a motor vehicle in circumstances prescribed by\nregulation.\n\nSection 32\n(5) If a court convicts a person of an offence against subsection (1) or (3),\nthe person is automatically disqualified from holding or obtaining a\ndriver licence—\n(a) for a first offender—for 12 months or, if the court orders a longer\nperiod, the longer period; or\n(b) for a repeat offender—for 24 months or, if the court orders a\nlonger period, the longer period.\n(6) If a court convicts a person of an offence against subsection (2), the\nperson is automatically disqualified from holding or obtaining a\ndriver licence—\n(a) if the suspension was under the Road Transport (General)\nAct 1999, part 3 (Infringement notices for certain offences) or\npart 6 (Fine defaulters) or a law of another jurisdiction\ncorresponding to part 3 or part 6 (or to part of it)—\n(i) for a first offender—for 1 month or, if the court orders a\n(ii) for a repeat offender—for 2 months or, if the court orders\na longer period, the longer period; or\n(b) if the suspension was under division 2.3 (Demerit points system)\nor a law of another jurisdiction corresponding to division 2.3 (or\nto part of it)—\n(i) for a first offender—for 2 months or, if the court orders a\n(ii) for a repeat offender—for 4 months or, if the court orders\na longer period, the longer period; or\n\nSection 33\npage 38 Road Transport (Driver Licensing) Act 1999\n(c) in any other case—\n(i) for a first offender—for 3 months or, if the court orders a\n(ii) for a repeat offender—for 12 months or, if the court orders\na longer period, the longer period.\n(7) If a person is already disqualified from holding or obtaining a driver\nlicence, or the person’s driver licence is suspended, the\ndisqualification takes effect at the end of the disqualification or\nsuspension.\n(8) A disqualification under this section is in addition to any penalty\nimposed for the offence.\n(9) In this section—\n(a) a person who is convicted of an offence against this section (the\ncurrent offence) is a repeat offender in relation to the current\noffence if the person has been convicted, or found guilty, of an\noffence against this section within 5 years before being\nconvicted of the current offence; and\n(b) a person who is convicted of an offence against this section is a\nfirst offender in relation to the offence if the person is a not a\nrepeat offender in relation to the offence.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Contravention of conditions of restricted licence","content":"33 Contravention of conditions of restricted licence\n(1) The holder of a restricted licence must not, without reasonable\nexcuse, contravene a condition to which the licence is subject.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) If the holder of a restricted licence is convicted, or found guilty, by a\ncourt of an offence against subsection (1), the licence is automatically\ncancelled unless the court orders otherwise.\n\nSection 33A\n(3) If the licence is cancelled under subsection (2), the cancellation takes\neffect from the time of the conviction or finding or, if the court orders\na later date, on the later date.\n(4) Subsection (2) does not apply if the licence is cancelled under another\nprovision of the road transport legislation.\n(5) The holder of a licence cancelled under subsection (2) is disqualified\nfrom applying for, or being issued with, another restricted licence for\nthe remainder of the period for which the person was originally\ndisqualified from holding or obtaining a driver licence.\n","sortOrder":34},{"sectionNumber":"33A","sectionType":"section","heading":"Contravening interlock condition","content":"33A Contravening interlock condition\n(1) A person commits an offence if the person––\n(a) holds a driver licence with an interlock condition; and\n(b) engages in conduct that contravenes the interlock condition; and\n(c) is reckless about whether the conduct contravenes the interlock\ncondition.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) If the person is convicted, or found guilty, by a court of an offence\nagainst subsection (1), the licence is automatically cancelled unless\nthe court orders otherwise.\n(3) If the licence is cancelled under subsection (2), the cancellation takes\neffect from the time of the conviction or finding or, if the court orders\na later date, on the later date.\n\nSection 33A\npage 40 Road Transport (Driver Licensing) Act 1999\n(4) Subsection (2) does not apply if the licence is cancelled under another\nprovision of the road transport legislation.\n(5) If the person’s licence is cancelled under subsection (2), the person is\ndisqualified from applying for, or being issued with, another driver\nlicence with an interlock condition for the remainder of the\ndisqualification period.\n(6) In this section:\ndisqualification period––see the Road Transport (Driver Licensing)\nRegulation 2000, section 73S.\ninterlock condition––see the Road Transport (Driver Licensing)\nRegulation 2000, section 73W.\n\nProtection of photographs and signatures Part 4\nSection 34\n","sortOrder":35},{"sectionNumber":"Part 4","sectionType":"part","heading":"Protection of photographs and","content":"Part 4 Protection of photographs and\nsignatures\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Application of pt 4","content":"34 Application of pt 4\nThis part applies to photographs and signatures taken by the road\ntransport authority, or given to the authority, in relation to\napplications for the issue, replacement, renewal or variation by the\nauthority of a driver licence or proof of identity card.\n35 Definitions for pt 4\nIn this part:\nphotograph means a photograph to which this part applies, and\nincludes a copy of a photograph.\nNote Photograph includes a digitised, electronic or computer generated image\nin a form approved by the road transport authority (see the dict).\nsignature means a signature to which this part applies, and includes\na copy of a signature.\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Use of photographs and signatures","content":"36 Use of photographs and signatures\n(1) The road transport authority may use a photograph or signature only\nfor 1 or more of the following purposes:\n(a) for a photograph—to reproduce the likeness of a person on a\ndriver licence or proof of identity card issued to the person;\n(b) for a signature—to reproduce a person’s signature on a driver\nlicence or proof of identity card issued to the person;\n(c) to assist in establishing the identity of a person to decide whether\nto issue, replace, renew or vary a driver licence or proof of\nidentity card;\n\nSection 37\npage 42 Road Transport (Driver Licensing) Act 1999\n(d) to assist in establishing the identity of a person to decide whether\nto register, or renew, vary or transfer the registration of, a\nvehicle under the Road Transport (Vehicle Registration)\nAct 1999 or to replace a certificate of registration under that Act;\n(e) in relation to the investigation of, or the conduct of a criminal\nproceeding for, an offence against the Dangerous Goods (Road\nTransport) Act 2009 or the road transport legislation;\n(f) for a signature—any other purpose related to the administration\nof the road transport legislation;\n(g) a purpose prescribed by regulation or allowed by another law in\nforce in the ACT.\nNote The Territory privacy principles apply to the road transport authority (see\n(2) A photograph or signature may be used for a purpose mentioned in\nthis section at the time that the photograph or signature is taken by,\nor given to, the road transport authority or at any later time.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Disclosure of photographs and signatures by road","content":"37 Disclosure of photographs and signatures by road\ntransport authority\n(1) The road transport authority must ensure that a photograph or\nsignature is not disclosed by the authority to someone else except—\n(a) to a police officer; or\n(b) to an entity of another jurisdiction that corresponds to the road\ntransport authority; or\n(c) for a purpose in relation to the investigation of, or the conduct\nof, a criminal proceeding for an offence against the Dangerous\nGoods (Road Transport) Act 2009, the road transport legislation\nor in relation to a proof of identity card; or\n(d) to a court officer for the recovery of a fine (including\nproceedings under the Crimes (Sentence Administration)\nAct 2005, chapter 6A (Court imposed fines); or\n\nProtection of photographs and signatures Part 4\nSection 38\n(e) for a photograph—to the person shown in the photograph; or\n(f) for a signature—to the person who made the signature; or\n(g) to a person, or for a purpose, prescribed by regulation or in\naccordance with another law in force in the ACT.\nNote 1 The Territory privacy principles apply to the road transport authority (see\nNote 2 Access to photographs and signatures may be sought under the Freedom\nof Information Act 2016 (which also provides that certain information is\nexempt from disclosure).\n(2) A regulation may limit the people to whom, the purposes for which,\nor the circumstances when, a photograph or signature may be\ndisclosed under subsection (1) (a) to (d).\n(3) In this section:\ncourt officer means a person who is—\n(a) the sheriff or a deputy sheriff under the Supreme Court\nAct 1933, another officer of the Supreme Court or a public\nservant assisting the sheriff; or\n(b) the registrar, a deputy registrar or a bailiff under the Magistrates\nCourt Act 1930 or a member of the staff of the Magistrates Court\nassisting the registrar.\nfine—see the Crimes (Sentence Administration) Act 2005,\nsection 116A.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Security of photographs and signatures","content":"38 Security of photographs and signatures\n(1) The road transport authority must ensure that photographs and\nsignatures are kept securely.\nNote The Territory privacy principles apply to the road transport authority (see\n(2) A regulation may make provision in relation to the keeping of\nphotographs and signatures.\n\nSection 39\npage 44 Road Transport (Driver Licensing) Act 1999\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Unauthorised reproduction of photographs and","content":"39 Unauthorised reproduction of photographs and\nsignatures\n(1) This section applies to a person (a record keeper) who is employed\nor engaged in relation to any aspect of the production of driver\nlicences or proof of identity cards or who is otherwise involved in the\nadministration or enforcement of the road transport legislation.\n(2) A record keeper must not reproduce (by photographic or other means)\nthe likeness of the person who is shown (or is to be shown) on a driver\nlicence or proof of identity card other than—\n(a) for the administration or enforcement of—\n(i) the road transport legislation; or\n(ii) the Liquor Act 2010, section 210 (Proof of identity cards);\nor\n(b) in accordance with, or for any other purpose mentioned in,\nsection 36 or section 37.\n(3) A record keeper must not reproduce (by any means) the signature of\nthe person to whom a driver licence or proof of identity card is issued\n(or is to be issued) other than—\n(a) for the administration or enforcement of—\n(i) the road transport legislation; or\n(ii) the Liquor Act 2010, section 210 (Proof of identity cards);\nor\n(b) in accordance with, or for any other purpose mentioned in,\nsection 36 or section 37.\n\nMiscellaneous Part 5\nSection 40\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Additional matters about identity","content":"40 Additional matters about identity\nThe road transport authority may refuse to issue, replace, renew or\nvary a driver licence or proof of identity card if—\n(a) the applicant has not gone to a place designated by the road\ntransport authority and had a photograph taken, by a person\nauthorised by the authority to take photographs for this Act, that\nis suitable for use on the driver licence or proof of identity card;\nor\n(b) in the authority’s opinion it is impracticable for the applicant to\ngo to a designated place and the applicant has not given the\nauthority a photograph of the applicant that the authority\nconsiders is suitable for use on the driver licence or proof of\nidentity card; or\n(c) the applicant has not given, in support of the application,\nevidence that is required by regulation or by the authority to\nestablish the applicant’s identity or home address.\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Effect of expiry of driver licence during a suspension","content":"41 Effect of expiry of driver licence during a suspension\nperiod\nIf a person’s driver licence expires while it is suspended under this\nAct or any other territory law—\n(a) the person is not eligible to apply for, or be issued with, another\ndriver licence during the unexpired part of the suspension\nperiod; and\n(b) the person’s driver licence is taken to be suspended during the\nunexpired part of the suspension period for any provision of this\nAct or any other territory law that creates an offence in relation\nto driving a motor vehicle, or applying for a driver licence, while\na person’s driver licence is suspended.\n\nSection 42\npage 46 Road Transport (Driver Licensing) Act 1999\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"References to Motor Traffic Act etc","content":"42 References to Motor Traffic Act etc\nIn any Act or document, a reference to the Motor Traffic Act 1936 or\nthe Motor Traffic Regulations 1934 is, in relation to anything to\nwhich this Act applies, a reference to this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act (see the Legislation Act, s 104).\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• exercise\n• found guilty (of an offence)\n• function\n• instrument.\nNote 3 The Road Transport (General) Act 1999 contains definitions relevant to\nthis Act. For example, the following terms are defined in the Road\nTransport (General) Act 1999, dictionary:\n• another jurisdiction\n• driver\n• jurisdiction\n• motor vehicle\n• National Transport Commission\n• ride\n• road\n• road related area\n• road transport authority (or authority) (see s 16)\n• road transport legislation (see s 6)\n• trailer\n• use (in relation to a vehicle)\n• vehicle.\nNote 4 If a word or expression is defined in an Act (but not a regulation or\nanother publication) included in the road transport legislation, the\ndefinition applies to each use of the word or expression in other road\ntransport legislation unless the contrary intention appears (see Road\nTransport (General) Act 1999, s 8).\n\npage 48 Road Transport (Driver Licensing) Act 1999\nadditional provisional class, in relation to an Australian driver\nlicence (including a provisional licence) of a particular class, means\nany other class of licence that is shown on the licence as a provisional\nclass.\nadministering authority, for a demerit points offence, means the\nentity that, under the regulations made under the Road Transport\n(General) Act 1999, is the administering authority for the offence.\nAustralian driver licence means—\n(a) a driver licence; or\n(b) a licence (including a conditional licence, learner licence,\nprobationary licence, provisional licence or restricted licence or\na driver licence receipt) issued under the law of another\njurisdiction authorising the holder to drive a motor vehicle on a\nroad or road related area.\nclass, of a driver licence, means a class of driver licence prescribed\nby regulation.\nconditional licence means an Australian driver licence that is subject\nto a condition imposed by the road transport authority or the licensing\nauthority of another jurisdiction.\ncorresponding law means a law of another jurisdiction under which\nauthority is given to drive motor vehicles on roads or road related\nareas.\ndemerit points offence—see section 13 (Meaning of demerit points\noffence).\ndemerit points register means the register required to be kept under\nsection 6 (c) (Functions of road transport authority).\n\ndrive a vehicle includes—\n(a) be in control of the steering, movement or propulsion of the\nvehicle; and\n(b) if the vehicle is a trailer—draw or tow the vehicle; and\n(c) if the vehicle can be ridden—ride the vehicle.\ndriver licence means—\n(a) a licence (including a conditional licence, learner licence,\nprobationary licence, provisional licence or restricted licence)\nissued under this Act authorising the holder to drive a motor\nvehicle on a road or road related area; or\n(b) a driver licence receipt issued under this Act.\ndriver licence receipt means a receipt that—\n(a) is issued following an application for an Australian driver\nlicence and after payment of any applicable fee; and\n(b) authorises the holder to drive a motor vehicle on a road or road\nrelated area.\ndriver licence register means the register required to be kept under\nsection 6 (b) (Functions of road transport authority).\nexternal driver licence means—\n(a) an external territory driver licence; or\n(b) a foreign driver licence.\nexternal territory driver licence means a licence to drive a motor\nvehicle (however described) issued under the law of an external\nterritory.\nforeign driver licence means a licence to drive a motor vehicle\n(however described) issued under the law of a foreign country.\nincur, demerit points for an offence—see section 13B (2) (When\ndemerit points are incurred).\n\npage 50 Road Transport (Driver Licensing) Act 1999\ninfringement notice—\n(a) means a notice served under the Road Transport (General)\nAct 1999, division 3.2 (Infringement and reminder notices); and\n(b) includes a notice (however described) served on a person under\nthe law of another jurisdiction that gives the person the option\nof paying an amount for an offence instead of being charged\nwith the offence.\ninfringement notice penalty—\n(a) see the Road Transport (General) Act 1999, dictionary; and\n(b) includes an amount payable under an infringement notice served\non a person under the law of another jurisdiction.\nlearner licence means an Australian driver licence issued to a person\nunder the law of any jurisdiction that authorises the person to drive a\nmotor vehicle on a road or road related area for the purpose of\nlearning to drive.\nlicensing authority, for another jurisdiction, means the entity that has\nfunctions under the law of the other jurisdiction corresponding to the\nfunctions of the road transport authority under this Act.\nnational schedule of demerit points means the offences, and the\nnumber of demerit points incurred for each offence, prescribed by\nregulation under the Road Transport (General) Act 1999 as the\nnational schedule of demerit points.\nphotograph—\n(a) includes a digitised, electronic or computer generated image in\na form approved by the road transport authority; and\n(b) for part 4 (Protection of photographs and signatures)—see\nsection 35.\n\nprobationary licence means—\n(a) a driver licence, other than a learner licence, issued under this\nAct to a person who applies for a driver licence after a period of\ndisqualification (whether or not by court order) from holding or\nobtaining an Australian driver licence; or\n(b) a driver licence issued with an interlock condition under the\nRoad Transport (Driver Licensing) Regulation 2000,\nsection 73W; or\n(c) an equivalent Australian driver licence issued under a\ncorresponding law.\nproof of identity card means a proof of identity card issued under the\nLiquor Act 2010, section 210 (Proof of identity cards).\nprovisional licence means an Australian driver licence issued as a\nprovisional licence, but does not include an Australian driver licence\nthat includes an additional provisional class merely because it\nincludes the additional provisional class.\npublic vehicle—\n(a) means a public passenger vehicle under the Road Transport\n(Public Passenger Services) Act 2001; but\nNote A public passenger vehicle is a public bus, light rail vehicle, taxi,\nrideshare vehicle, hire car or demand responsive service vehicle.\n(b) does not include a light rail vehicle.\npublic vehicle licence means a driver licence that authorises the\nperson to drive a public vehicle for hire or reward.\nrestricted licence means an Australian driver licence, issued under\nthe authority of a court in Australia, that authorises the holder to drive\nonly in the course of his or her employment or in other restricted\ncircumstances.\nsignature, for part 4 (Protection of photographs and signatures)—see\nsection 35.\n\n1 About the endnotes\npage 52 Road Transport (Driver Licensing) Act 1999\n","sortOrder":44},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":45},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nRoad Transport (Driver Licensing) Act 1999 A1999-78\nnotified 23 December 1999 (Gaz 1999 No S65)\ncommenced 1 March 2000 (s 2 and see A1999-77, s 2 (2) and Gaz\n","sortOrder":46},{"sectionNumber":"2000","sectionType":"section","heading":"No S5)","content":"2000 No S5)\nas amended by\nRoad Transport Legislation Amendment Act 2001 A2001-27 sch 3\nnotified 24 May 2001 (Gaz 2001 No 21)\ns 1, s 2 commenced 24 May 2001 (IA s 10B)\nsch 3 commenced 24 May 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 338\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 338 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nRoad Transport (Public Passenger Services) Act 2001 A2001-62\npt 1.4\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 1.4 commenced 1 December 2001 (s 2 and CN2001-2)\nRoad Transport (Driver Licensing) Amendment Act 2002 A2002-5\nnotified LR 14 March 2002\ncommenced 15 March 2002 (s 2)\nRoad Transport Legislation Amendment Act 2002 A2002-23 pt 2\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\nss 3-7 commenced 10 September 2002 (s 2 (1))\ns 8, s 9 commenced 17 September 2002 (s 2 (2) and see Statute Law\nAmendment Act 2002 A2002-30 s 2 (1))\nStatute Law Amendment Act 2002 A2002-30 pt 3.66\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.66 commenced 17 September 2002 (s 2 (1))\n\npage 54 Road Transport (Driver Licensing) Act 1999\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.21\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.21 commenced 17 January 2003 (s 2 (1))\nCriminal Code 2002 A2002-51 pt 1.17\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75)\npt 1.17 commenced 1 January 2003 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.79\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.79 commenced 9 April 2004 (s 2 (1))\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.66\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.66 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nRoad Transport (Public Passenger Services) (Hire Cars) Amendment\nAct 2004 A2004-69 pt 4\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\npt 4 commenced 9 March 2005 (s 2 and LA s 79)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.55\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.55 commenced 2 June 2005 (s 2 (1))\nRoad Transport (Third-Party Insurance) Act 2008 A2008-1 sch 1 pt 1.5\n(as am by A2008-39 s 4)\nnotified LR 26 February 2008\ns 1, s 2 commenced 26 February 2008 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 October 2008 (s 2 as am by A2008-39 s 4)\n\nRoad Transport (Third-Party Insurance) Amendment Act 2008\nA2008-39\nnotified LR 22 August 2008\ns 1, s 2 commenced 22 August 2008 (LA s 75 (1))\nremainder commenced 23 August 2008 (s 2)\nNote This Act only amends the Road Transport (Third-Party\nInsurance) Act 2008 A2008-1.\nRoad Transport Legislation Amendment Act 2009 A2009-5 pt 2\nnotified LR 4 March 2009\ns 1, s 2 commenced 4 March 2009 (LA s 75 (1))\npt 2 commenced 8 March 2009 (s 2 and CN2009-6)\nRoad Transport (Mass, Dimensions and Loading) Act 2009 A2009-22\nsch 1 pt 1.3\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.3 commenced 3 March 2010 (s 2 and LA s 79)\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.12\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.12 commenced 3 June 2010 (s 2)\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.7\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 July 2010 (s 2)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.17\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\nsch 1 pt 1.17 commenced 1 December 2010 (s 2 (4) and see Liquor\nAct 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\n\npage 56 Road Transport (Driver Licensing) Act 1999\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2010 A2010-47 pt 3\nnotified LR 25 November 2010\ns 1, s 2 commenced 25 November 2010 (LA s 75 (1))\npt 3 commenced 25 November 2011 (s 2)\nRoad Transport Legislation Amendment Act 2011 A2011-14 pt 2\nnotified LR 11 May 2011\ns 1, s 2 commenced 11 May 2011 (LA s 75 (1))\npt 2 commenced 3 June 2011 (s 2 (1) and CN2011-7)\nRoad Transport (General) Amendment Act 2012 (No 2) A2012-16 sch 1\npt 1.1\nnotified LR 15 May 2012\ns 1, s 2 commenced 15 May 2012 (LA s 75 (1))\nsch 1 pt 1.1 commenced 15 November 2012 (s 2 and LA s 79)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.37\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.37 commenced 5 June 2012 (s 2 (1))\nRoad Transport (General) (Infringement Notices) Amendment\nAct 2012 A2012-24 sch 1 pt 1.1\nnotified LR 24 May 2012\ns 1, s 2 commenced 24 May 2012 (LA s 75 (1))\nsch 1 pt 1.1 commenced 24 May 2013 (s 2 (2))\nRoad Transport Legislation Amendment Act 2013 A2013-13 pt 2,\nsch 1 pt 1.1\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\ns 3, pt 2 commenced 18 April 2013 (s 2 (1))\nsch 1 pt 1.1 commenced 24 May 2013 (s 2 (2) and see Road Transport\n(General) (Infringement Notices) Amendment Act 2012 A2012-24\ns 2 (2))\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.36\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.36 commenced 14 June 2013 (s 2)\n\nRoad Transport Legislation Amendment Act 2013 (No 2) A2013-24\npt 3\nnotified LR 17 June 2013\ns 1, s 2 commenced 17 June 2013 (LA s 75 (1))\npt 3 commenced 17 June 2014 (s 2)\nHeavy Vehicle National Law (Consequential Amendments) Act 2013\nA2013-52 pt 6\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75 (1))\npt 6 commenced 10 February 2014 (s 2 and see Heavy Vehicle\nNational Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.19\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.19 commenced 10 June 2014 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.16\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.16 commenced 17 November 2014 (s 2)\nRoad Transport (Public Passenger Services) (Taxi Industry\nInnovation) Amendment Act 2015 A2015-47 sch 1 pt 1.2\nnotified LR 24 November 2015\ns 1, s 2 commenced 24 November 2015 (LA s 75 (1))\ns 3 commenced 20 May 2016 (LA s 75AA)\nsch 1 pt 1.2 commenced 1 August 2016 (s 2, CN2016-9 and see mod\nof A2001-62 by SL2016-12 s 3)\nRoad Transport Legislation Amendment Act 2016 A2016-3 pt 4\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\npt 4 commenced 25 February 2016 (s 2)\nJustice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.7\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\nsch 1 pt 1.7 commenced 29 August 2016 (s 2 and LA s 79)\n\npage 58 Road Transport (Driver Licensing) Act 1999\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.22 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.22 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.27\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.27 commenced 9 March 2017 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2018\nA2018-19 sch 1 pt 1.3\nnotified LR 17 May 2018\ns 1, s 2 commenced 17 May 2018 (LA s 75 (1))\nsch 1 pt 1.3 commenced 24 May 2018 (s 2)\nMotor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.8\nnotified LR 31 May 2019\ns 1, s 2 commenced 31 May 2019 (LA s 75 (1))\nsch 3 pt 3.8 commenced 1 February 2020 (s 2 (1) and CN2019-13)\nRoad Transport Legislation Amendment Act 2019 A2019-21 pt 5\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\ns 30, s 31 commenced 22 August 2019 (s 2 (4))\npt 5 remainder commenced 19 September 2019 (s 2 (1))\nRoad Transport Legislation Amendment Act 2022 (No 2) A2022-5 pt 4\nnotified LR 13 April 2022\ns 1, s 2 commenced 13 April 2022 (LA s 75 (1))\npt 4 commenced 27 April 2022 (s 2 (1))\n\nRoad Safety Legislation Amendment Act 2023 A2023-19 pt 3\nnotified LR 21 June 2023\ns 1, s 2 commenced 21 June 2023 (LA s 75 (1))\npt 3 commenced 21 June 2024 (s 2 (2))\n\npage 60 Road Transport (Driver Licensing) Act 1999\nPreliminary\npt 1 hdg note am A2001-44 amdt 1.3704; A2001-62 amdt 1.7\nom A2005-20 amdt 3.350\nName of Act\ns 1 am A2005-20 amdt 3.351; A2008-1 amdt 1.14; A2009-22\namdt 1.3; A2013-52 s 12, s 13; A2019-12 amdt 3.75,\namdt 3.76\nCommencement\ns 2 om A2001-27 amdt 3.23\nObjects of Act\ns 3 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 3 am A2001-44 amdt 1.3705; A2005-20 amdt 3.352;\nA2022-5 s 10, s 11\ns 4 hdg bracketed note exp 17 September 2002 (s 5 (3))\nsub A2005-20 amdt 3.353\ns 4 am A2001-62 amdt 1.8; A2004-69 s 28\nNotes\ns 5 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 5 am A2002-30 amdt 3.700\n(2), (3) exp 17 September 2002 (s 5 (3))\nOffences against Act—application of Criminal Code etc\ns 5A ins A2011-14 s 4\nam A2013-24 s 6\nsub A2017-4 amdt 3.178\nFunctions of road transport authority generally\ndiv 2.1 hdg sub A2002-30 amdt 3.701\nFunctions of road transport authority\ns 6 hdg bracketed note exp 17 September 2002 (s 5 (3))\nKeeping of registers\ns 8 hdg bracketed note exp 17 September 2002 (s 5 (3))\nSecurity and disclosure of information in registers\ns 9 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 9 sub A2002-49 amdt 3.224\nam A2014-49 amdt 1.34; A2016-55 amdt 4.32\nWhen road transport authority may issue or renew driver licences\ns 10 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 10 am A2013-24 s 7\n\nMutual recognition of Australian driver licences\ns 11 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 11 am A2002-49 amdt 3.225\nMutual recognition of demerit points\ns 12 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 12 am A2001-27 amdt 3.24\nsub A2002-5 s 4\nam A2012-16 amdt 1.1; A2013-13 amdt 1.1, amdt 1.2\nMeaning of demerit points offence\ns 13 sub A2002-5 s 5\nam A2012-21 amdt 3.139\nRecording of demerit points\ns 13A hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 13A ins A2002-5 s 5\nam A2012-16 amdts 1.2-1.5; A2012-24 amdt 1.1; A2013-13\namdt 1.3, amdt 1.4; pars renum R25 LA\nWhen demerit points are incurred\ns 13B ins A2002-5 s 5\n(3), (4) exp 15 June 2002 (s 13B (4))\nOffences for which demerit points are incurred\ns 14 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 14 am A2001-44 amdts 1.3706-1.3710; A2012-21 amdt 3.140,\namdt 3.141\nWarning notices\ns 15 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 15 am A2002-30 amdt 3.702\nConsequences of incurring demerit points—holder of licence\ns 16 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 16 am A2009-5 s 4; ss renum R15 LA; A2014-18 amdt 3.75\nConsequences of incurring demerit points—applicant for issue or renewal of\nlicence\ns 17 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 17 am A2014-18 amdt 3.75\nLicence suspension\ns 18 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 18 am A2002-30 amdt 3.702\ntable renum R11 LA\nGood behaviour alternative to licence suspension\ns 19 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 19 am A2002-30 amdt 3.702; A2011-14 s 5; ss renum R20 LA\n\npage 62 Road Transport (Driver Licensing) Act 1999\nNotice of suspension confirmation notice\ns 19A ins A2016-3 s 12\nLicence ineligibility\ns 20 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 20 am A2002-30 amdt 3.702\ntable renum R11 LA\nGood behaviour alternative to licence ineligibility\ns 21 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 21 am A2002-30 amdt 3.702; A2011-14 s 6; ss renum R20 LA\nDemerit points incurred by learner, probationary, provisional and restricted\nlicence holders etc\ns 22 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 22 sub A2002-5 s 6\nam A2014-18 amdts 3.76-amdt 3.78\nDemerit points incurred but not taken into account for notice of licence\nsuspension etc\ns 23 hdg bracketed note exp 17 September 2002 (s 5 (3))\nDemerit points not affected by licence suspension etc under another law\ns 24 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 24 am A2009-5 s 5\nIssue of licence suspension notice etc\ns 25 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 25 am A2005-20 amdt 3.354\nRegulation-making power\ns 26 sub A2001-44 amdt 1.3711\nRegulations may apply certain documents\ns 27 sub A2002-30 amdt 3.703\nam A2002-51 amdt 1.35\nsub A2005-20 amdt 3.355; A2022-5 s 12\nDriver licensing system\ns 28 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 28 am A2001-44 amdt 1.3712; A2002-49 amdt 3.225; A2010-47\ns 111; A2014-18 amdt 3.79, amdt 3.80; A2013-24 s 8;\nA2023-19 s 5, s 6; pars renum R43 LA\nOffences\npt 3 hdg note ins A2004-15 amdt 2.165\nObtaining licence by false statements etc\ns 29 hdg bracketed note exp 17 September 2002 (s 5 (3))\nUnlawful possession of licence etc\ns 30 hdg bracketed note exp 17 September 2002 (s 5 (3))\n\nDriver must be licensed\ns 31 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 31 am A2001-27 amdts 3.25-3.27; A2009-22 amdt 1.4; A2013-52\ns 14\nOffence—driving while right to drive suspended\ns 31A ins A2011-14 s 7\nOffences committed by disqualified drivers etc\ns 32 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 32 am A2001-27 amdts 3.28-3.30\nam A2004-15 amdt 2.166, amdt 2.167; ss renum R9 LA (see\nA2004-15 amdt 2.168); A2013-13 s 4, s 5; ss renum R24 LA;\nA2019-21 s 29\nContravention of conditions of restricted licence\ns 33 hdg bracketed note exp 17 September 2002 (s 5 (3))\nContravening interlock condition\ns 33A ins A2013-24 s 9\nProtection of photographs and signatures\npt 4 hdg orig pt 4 hdg renum as pt 5 hdg\n(prev pt 3A hdg) ins A2002-23 s 4\nrenum A2002-23 s 8\nApplication of pt 3A\ns 33A renum as s 34\nDefinitions for pt 3A\ns 33B renum as s 35\nUse of photographs and signatures\ns 33C renum as s 36\nDisclosure of photographs and signatures by road transport authority\ns 33D renum as s 37\nSecurity of photographs and signatures\ns 33E renum as s 38\nUnauthorised reproduction of photographs and signatures\ns 33F renum as s 39\nApplication of pt 4\ns 34 orig s 34 renum as s 40\n(prev s 33A) ins A2002-23 s 4\nam A2016-7 amdt 1.13\n\npage 64 Road Transport (Driver Licensing) Act 1999\nDefinitions for pt 4\ns 35 orig s 35 renum as s 41\n(prev s 33B) ins A2002-23 s 4\ndef photograph ins A2002-23 s 4\ndef signature ins A2002-23 s 4\nUse of photographs and signatures\ns 36 orig s 36 renum as s 42\n(prev s 33C) ins A2002-23 s 4\nam A2011-14 s 8; A2014-49 amdt 1.35; A2016-7 amdt 1.13\nDisclosure of photographs and signatures by road transport authority\ns 37 orig s 37 renum as s 43\n(prev s 33D) ins A2002-23 s 4\nam A2004-60 amdt 1.628; A2010-21 amdt 1.19, amdt 1.20;\nA2011-14 s 9; A2014-49 amdt 1.36; A2016-7 amdt 1.13;\nA2016-55 amdt 4.32\nSecurity of photographs and signatures\ns 38 orig s 38 renum as s 44\n(prev s 33E) ins A2002-23 s 4\nam A2014-49 amdt 1.37\nUnauthorised reproduction of photographs and signatures\ns 39 orig s 39 renum as s 45\n(prev s 33F) ins A2002-23 s 4\nam A2010-43 amdt 1.62, amdt 1.63; A2016-7 amdt 1.13\nMiscellaneous\npt 5 hdg orig pt 5 hdg renum as pt 6 hdg\n(prev pt 4 hdg) renum A2002-23 s 8\nExisting licences, suspensions and disqualifications\ndiv 5.1 hdg om A2002-30 amdt 3.704\nAdditional matters about identity\ns 40 orig s 40 renum as s 46\n(prev s 34) sub A2002-23 s 5\nam A2016-7 amdt 1.13\n\nEffect of expiry of driver licence during a suspension period\ns 41 hdg orig s 41 hdg renum as s 47 hdg\n(prev s 35 hdg) renum A2002-23 s 9\nbracketed note exp 17 September 2002 (s 5 (3))\ns 41 orig s 41 renum as s 47\n(prev s 35) renum A2002-23 s 9\nReferences to Motor Traffic Act etc\ns 42 orig s 42 renum as s 48\n(prev s 36) am A2001-44 amdt 1.3713, amdt 1.3714\nOther matters\ndiv 5.2 hdg exp 1 June 2001 (s 49)\nExpiry of div 5.2\ns 49 am A2001-27 amdt 3.32\nexp 1 June 2001 (s 49)\nTransitional\npt 6 hdg (prev pt 5 hdg) renum A2002-23 s 8\nDefinitions for pt 6\ns 43 hdg orig s 43 hdg exp 1 June 2001 (s 49)\n(prev s 37 hdg) sub A2002-30 amdt 3.705\ns 43 orig s 43 exp 1 June 2001 (s 49)\n(prev s 37) am A2002-30 amdt 3.705\nExisting licences\ns 44 orig s 44 exp 1 June 2001 (s 49)\n(prev s 38) renum A2002-23 s 9\nExisting demerit points\ns 45 orig s 45 exp 1 June 2001 (s 49)\n(prev s 39) renum A2002-23 s 9\nExisting licence suspensions or disqualifications\ns 46 orig s 46 exp 1 June 2001 (s 49)\n(prev s 40) renum A2002-23 s 9\nPeriod a driver licence held\ns 47 orig s 47 exp 1 June 2001 (s 49)\n(prev s 41) renum A2002-23 s 9\n\npage 66 Road Transport (Driver Licensing) Act 1999\nExpiry of pt 6\ns 48 orig s 48 exp 1 June 2001 (s 49)\n(prev s 42) am A2001-27 amdt 3.31\nsub A2002-30 amdt 3.706\ndict am A2002-30 amdt 3.707; A2010-18 amdt 3.15; A2012-21\namdt 3.142; A2013-19 amdt 3.401; A2019-21 s 30;\nA2022-5 s 13\ndef administering authority ins A2002-5 s 7\ndef another jurisdiction om A2010-18 amdt 3.16\ndef Australian Transport Council sub A2005-20 amdt 3.356\nom A2010-18 amdt 3.16\ndef authority om A2010-18 amdt 3.17\ndef demerit points offence ins A2002-5 s 8\ndef exercise om A2002-30 amdt 3.708\ndef function om A2002-30 amdt 3.708\ndef incur ins A2002-5 s 9\ndef infringement notice am A2013-19 amdt 3.402\ndef jurisdiction om A2010-18 amdt 3.18\ndef motor vehicle om A2010-18 amdt 3.18\ndef National Road Transport Commission om A2005-20\namdt 3.357\ndef National Transport Commission ins A2005-20\namdt 3.357\nom A2010-18 amdt 3.18\ndef photograph sub A2002-23 s 6\ndef probationary licence am A2013-24 s 10; pars renum R29\nLA\ndef proof of age card ins A2002-23 s 7\nsub A2010-43 amdt 1.64\nom A2016-7 amdt 1.14\ndef proof of identity card ins A2016-7 amdt 1.15\ndef public vehicle sub A2001-27 amdt 3.33; A2001-62\namdt 1.9; A2004-69 s 29\nam A2015-47 amdt 1.2\nsub A2018-19 amdt 1.8\ndef road am A2002-30 amdt 3.709\nom A2019-21 s 31\ndef road related area am A2002-30 amdt 3.709\nom A2019-21 s 31\ndef road transport authority om A2010-18 amdt 3.18\ndef road transport legislation om A2010-18 amdt 3.18\n\ndef signature ins A2002-23 s 7\ndef the regulations om A2001-44 amdt 1.3715\ndef this Act om A2001-44 amdt 1.3715\ndef trailer om A2010-18 amdt 3.18\ndef use om A2010-18 amdt 3.18\ndef vehicle om A2013-19 amdt 3.403\n\n","sortOrder":47},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\npage 68 Road Transport (Driver Licensing) Act 1999\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 not amended 1 March 2000\n2 A2001-44 12 September 2001\n3 A2001-62 3 December 2001\n4 A2002-5 15 March 2002\n4A A2002-5 20 September 2002\n5 (RI) A2002-23 20 September 2002\n6 A2002-30 20 September 2002\n7 A2002-51 1 January 2003\n8* A2002-49 17 January 2003\n9 A2004-15 9 April 2004\n10 A2004-69 10 January 2005\n11 A2004-69 9 March 2005\n12 A2005-20 2 June 2005\n13 A2005-20 2 March 2006\n14* A2008-39 1 October 2008\n15 A2009-5 8 March 2009\n16 A2009-22 3 March 2010\n17 A2010-18 3 June 2010\n18 A2010-21 1 July 2010\n19 A2010-47 1 December 2010\n20 A2011-14 3 June 2011\n21* A2011-14 25 November 2011\n\nEarlier republications 5\nRepublication No Amendments to Republication date\n22 A2012-21 5 June 2012\n23 A2012-21 15 November 2012\n24 A2013-13 18 April 2013\n25 A2013-13 24 May 2013\n26 A2013-19 14 June 2013\n27 A2013-52 10 February 2014\n28 A2014-18 10 June 2014\n29 A2014-18 17 June 2014\n30 A2014-49 17 November 2014\n31 A2016-3 25 February 2016\n32 A2016-3 20 May 2016\n33 A2016-3 1 August 2016\n34 A2016-7 29 August 2016\n35 A2017-4 9 March 2017\n36 A2017-14 24 March 2017\n37 A2017-14 1 January 2018\n38 A2018-19 24 May 2018\n39 A2019-21 22 August 2019\n40 A2019-21 19 September 2019\n41 A2019-21 1 February 2020\n42 A2022-5 27 April 2022","sortOrder":48}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":703},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1999 scope. Originally focused on basic driver licensing, it has grown to include: alcohol ignition interlock programs (sections 28, 33A), court-ordered therapeutic programs for drink driving, mutual recognition of demerit points with other jurisdictions, heavy vehicle exemptions, and detailed privacy protections for biometric data. The 2023-2024 amendments (A2023-19) further expanded the regulatory framework. The demerit points system has become substantially more complex with layered good behaviour alternatives and conditional recording triggers."},"complexity_factors":["Multiple interacting penalty structures (demerit points, suspension periods, good behaviour alternatives, repeat offender escalations)","Cross-references to at least 6 other Acts including the Road Transport (General) Act 1999, Criminal Code, and Heavy Vehicle National Law","Nested conditional logic in sections 13A-13B for when demerit points are recorded and deemed incurred","Dual-track demerit system: different rules for full licence holders vs learner/probationary/provisional/restricted licence holders (section 22)","Extensive regulation-making powers (section 28) with 26 separate subject matters, meaning substantial detail sits in subordinate legislation","Mutual recognition provisions requiring coordination with other jurisdictions (sections 11-12)","Multiple overlapping disqualification and suspension periods that are 'additional to, not concurrent with' each other (section 24)","Signpost definitions in dictionary requiring navigation to other legislation for core terms"],"plain_english_summary":"The Act establishes the ACT driver licensing system, aligned with national standards, setting who may be licensed, how licences are issued and renewed, offences for unlicensed or fraudulent driving, recognition of interstate licences, and protections for licence-holder photos and signatures.\n\nIt also creates a demerit points regime (suspension at 12+ points in 3 years) and a 12‑month good‑behaviour alternative with harsher penalties for further points. It affects all drivers and Access Canberra and aims to keep unsafe drivers off the road."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since its original 1999 framing (a statutory driver licensing framework and demerit points system), the Act's scope has expanded materially. Additions include detailed privacy- and data-protection style rules for photographs and signatures (Part 4: ss 34–39), explicit facilitation and regulation of alcohol ignition interlock schemes (s 28(w)–(y); offence in s 33A), formalised mutual recognition and information exchange mechanisms with other jurisdictions (ss 11–12), and broader delegations to adopt national instruments and operational detail by regulation (ss 26–28, s 27). These changes go beyond simple licensing mechanics to create regulatory markets (approved interlock providers), impose specific data security and limited‑disclosure regimes, and entrench cross‑jurisdiction enforcement. All such extensions remain within the overall subject of driver licensing and road safety (the Act's objects, s 3) but they significantly broaden the administrative, technical and compliance footprint compared with the Act's original, more narrowly procedural purpose."},"complexity_factors":["Extensive cross-referencing to other ACT road transport laws (frequent reliance on the Road Transport (General) Act 1999 for definitions and processes)","Large delegation of detail to regulations (s 26–28) including incorporation of external national instruments (s 27), increasing conditional rules outside the Act","Multi-step demerit points logic with recording rules, timing rules and multiple consequences (ss 13, 13A, 13B, 14–24) including elections for 'good behaviour' (ss 19, 21)","Multiple overlapping enforcement routes and interactions with courts, infringement notices and other jurisdictions (ss 12, 24, 31–32) creating nested outcomes","Protection and disclosure rules for photographs/signatures with specific exceptions and penalties (Part 4: ss 34–39)","Defined tables setting suspension/ineligibility periods (Table 18, Table 20) and special procedural timing (21‑day notice minimum) (s 18(1)(b), s 20(1)(b))","Number of defined terms in the Dictionary and signpost definitions that import definitions from other Acts (dictionary spanning many pages)","Disallowable instruments and ministerial recognition/revocation powers affecting how offences and points operate (s 14(2)–(6))","Multiple penalty structures including automatic disqualification rules and different maxima for first and repeat offenders (ss 31–33)","Amendment history shows many incremental changes and relocations (numerous renumberings and insertions), indicating conditional legacy provisions"],"plain_english_summary":"**What this law does, mechanically**\n\n- Establishes a driver licensing system for the ACT: who can be licensed, how licences are issued, renewed, varied, suspended, cancelled and replaced (see s 3, s 6–7, s 10, s 28).\n- Requires and permits the road transport authority to keep two registers: a driver licence register and a demerit points register. The authority may record, correct and store information electronically and disclose it only as allowed by the Act or other ACT law (see s 6(c), s 8–9, s 13A).\n- Implements a demerit points framework: defines what counts as a demerit points offence, how points are recorded and when they are treated as incurred, and prescribes consequences (warning notices, licence suspension, ineligibility for issue/renewal) based on points accumulated over a 3‑year period (see s 13–21, Table 18 and Table 20).\n- Provides a ‘‘good behaviour’’ alternative to automatic suspension or ineligibility: a driver can elect 12 months of good behaviour instead of immediate suspension/ineligibility; failure to keep to the good behaviour terms converts to a longer suspension (see s 19, s 21).\n- Gives the authority powers to recognise driver licences and demerit points from other Australian jurisdictions and to share information with other jurisdictions (mutual recognition and information exchange) (see s 11–12).\n- Creates criminal and regulatory offences tied to licensing: false statements to obtain a licence, unlawful possession or forging of licences, driving without a licence, driving while suspended or disqualified, contravening restricted‑licence conditions, and contravening alcohol interlock conditions (see s 29–33A). Penalties and whether the Criminal Code applies are identified (see s 5A, s 31A, s 33A).\n- Protects and limits use, disclosure and reproduction of photographs and signatures taken or held by the authority for licences or proof‑of‑identity cards (see Part 4: s 34–39). The authority must keep those records secure and may disclose them only in tightly defined circumstances (s 36–38).\n- Delegates substantial detail to regulation: the Executive may make regulations covering licence classes, conditions, eligibility, tests and medical examinations, interlock device standards and approval, disclosure rules and other implementation detail (see s 26–28, s 27).\n\n**Who this affects**\n\n- Individual drivers and licence applicants in the ACT: eligibility, suspension, ineligibility and demerit outcomes affect their legal right to drive (see s 10, s 16–21).\n- People who hold licences issued in other Australian jurisdictions or who ordinarily live in other jurisdictions but offend in the ACT—because of mutual recognition and information sharing (see s 11–12).\n- Employers and people who supervise restricted licence holders, and vendors/installers of approved alcohol ignition interlock devices (because of conditional licences and interlock rules) (see s 28(w)–(y), s 33A).\n- The road transport authority and delegated officers responsible for record‑keeping, enforcement and administration (see s 6–9, s 25).\n- People handling photographs and signatures in licence production or enforcement (record keepers)—they face specific limits and penalties (see s 36, s 39).\n\n**Why it matters (official rationale and how the Act pursues it)**\n\n- Official objects state the Act aims to provide a nationally‑consistent licensing system, regulate driver behaviour for road safety, identify licensed drivers and recover administrative costs (see s 3). Mechanically, the Act pursues those aims by:\n  - Standardising licence classes and delegating detail to regulations to align with national instruments (s 3(a), s 27–28).\n  - Discouraging unsafe driving through a demerit points regime that carries escalating administrative penalties (s 13–21).\n  - Enabling cross‑jurisdictional enforcement and data exchange so offences committed in one place affect licences elsewhere (s 11–12).\n  - Controlling identity evidence and protecting biometric‑style data (photographs/signatures) to reduce fraud and misuse (Part 4).\n\n**Testing the stated purposes against costs, incentives and trade‑offs (concrete mechanisms and likely effects)**\n\n- Compliance and administrative cost: the Act creates ongoing record‑keeping, security and disclosure obligations (s 8–9, s 38). Those impose costs on the authority (systems, staff, cybersecurity) and on regulated service providers (e.g. approved interlock device installers subject to regulation, s 28(y)). The Act permits the collection of fees to offset administration (s 3(f), s 7(e)).\n\n- Delegation and bureaucratic discretion: many operational details are left to regulation (classes, eligibility criteria, interlock approval, disclosure limits—see s 26–28, s 27). This concentrates practical decision‑making in the Executive and administrative instruments rather than the primary statute. That allows flexibility and national alignment but raises implementation risk (variation over time, administrative discretion) and requires active oversight of subordinate instruments (s 14(8) signals some ministerial control by disallowable instrument).\n\n- Incentives for individual behaviour: the demerit system creates clear private incentives—avoiding infringements prevents warning letters, suspensions or ineligibility (s 15–21). The good behaviour election (s 19, s 21) gives drivers an option to stay driving immediately in return for a longer potential penalty if they reoffend; that creates a trade‑off between short‑term freedom and a larger contingent cost.\n\n- Cross‑jurisdiction enforcement and competition effects: mutual recognition of licences and sharing of demerit information (s 11–12) increases portability but also means an individual’s behaviour in one jurisdiction can reduce access to driving in another. For businesses that operate across borders (hire cars, freight, passenger services) this reduces the opportunity to avoid sanctions by shifting registration, but it increases regulatory coherence for multi‑jurisdiction operators.\n\n- Data sharing and privacy trade‑offs: the Act authorises disclosure to police and corresponding interstate entities (s 37), while protecting internal uses and limiting wider disclosure (s 36–39). That design trades broader administrative utility for stronger limits on commercial or public reuse of photographs/signatures; it also creates a compliance burden (secure storage) and risk if controls are inadequate (security incidents affect many people). The Act references Territory privacy principles and FOI limits (s 9 note; s 36 notes).\n\n- Impact on third parties and markets: the Act establishes prerequisites for markets that depend on verified identity (proof‑of‑identity cards; s 36), and sets the framework for an interlock equipment market (approval, installation and maintenance rules via regulation, s 28(y)). Those parts create certification markets and opportunities for regulated suppliers but also entry costs (approval standards, contractual arrangements with the authority, see s 28(y)–(z)).\n\n- Enforcement layering and multiplicity of penalties: the Act allows interaction with court orders, infringement notices and other territory laws (see s 12(3), s 24(3), s 32). This means the same conduct can trigger multiple administrative and criminal consequences; that increases legal complexity for individuals and may raise compliance costs for enforcement bodies.\n\n**Key sections to note for practical effect**\n\n- Functions and powers of the authority: s 6–7; record keeping, security and disclosure: s 8–9; regulation‑making breadth: s 26–28.\n- Demerit mechanics and consequences: s 13–21, including the tables of suspension/ineligibility (Table 18, Table 20).\n- Mutual recognition and information sharing across jurisdictions: s 11–12.\n- Offences and penalties (including driving while suspended and interlock contravention): s 29–33A and s 5A for Criminal Code application.\n- Photographs and signatures protections: Part 4 (s 34–39).\n\n(References in parentheses are to sections of the Road Transport (Driver Licensing) Act 1999.)"}},"importantCases":[],"_links":{"self":"/api/acts/road-transport-driver-licensing-act-1999","history":"/api/acts/road-transport-driver-licensing-act-1999/history","analysis":"/api/acts/road-transport-driver-licensing-act-1999/analysis","conflicts":"/api/acts/road-transport-driver-licensing-act-1999/conflicts","importantCases":"/api/acts/road-transport-driver-licensing-act-1999/important-cases","documents":"/api/acts/road-transport-driver-licensing-act-1999/documents"}}