25RDecision on application

25R Decision on application (1) The court may make the order sought only if: (a) satisfied it is appropriate in the circumstances to make the order for the offender; and (b) satisfied that the community order has ceased to be in force; and (c) a statement has been given to the court by the provider of the driving program undertaken by the offender that the offender successfully completed the program. (2) Without limiting subsection (1)(a), the court must have regard to the following: (a) the type and seriousness of the offence for which the offender is disqualified from obtaining a licence; (b) the safety of the community, including matters relating to the offender's rehabilitation; (c) the offender's need for a licence to drive a motor vehicle of the class stated in the application: (i) in the course of the offender's employment; or (ii) to get to the offender's place of employment; (d) the offender's employment prospects if the offender has a licence to drive a motor vehicle of the class stated in the (3) However, if under Part V of the Traffic Act 1987, the offender is disqualified from obtaining a licence other than an AIL licence, the court may make the order only in relation to an application for an AIL licence. Note for subsection (3) Section 10(4A) to (4D) deals with an application for an AIL licence. (4) In addition, if the offender is an unlicensed offender, the court may make the order only in relation to an application for a learner Motor Vehicles Act 1949 37 (5) Also, the court must refuse to make the order if, under section 102AA, the Registrar would be required to refuse to grant an application by the offender for the licence. Note for section 25R For provisions about the revocation of the order and the effects of its revocation, see sections 39B and 48G of the Sentencing Act 1995.