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Motor Vehicles Act 1949
25SEffect of order
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25S Effect of order
(1) If the court makes the order sought:
(a) subject to subsection (2), all licence disqualifications applying
to the offender cease to have effect; and
(b) demerit points entered in the register against the offender's
name for offences committed in the Territory cease to be
active demerit points for Part 3; and
(c) the Registrar must:
(i) subject to section 25T, accept an application from the
offender for a licence to drive a motor vehicle of the
class stated in the order; and
(ii) subject to subsections (3) to (5), deal with the application
under this Act.
Note for subsection (1)(b)
If the order is revoked under section 39B(5) or 48G(5) of the Sentencing Act
1995, the demerit points again become active demerit points under
section 39B(6)(c)(ii) or 48G(6)(c)(ii) of that Act.
Note for subsection (1)(c)(ii)
In particular, sections 10, 102 and 102AA are relevant to the Registrar's dealing
with the application and to the grant of a licence.
(2) A licence disqualification applying to the offender does not cease to
have effect to the extent it disqualifies the offender from holding a
licence, or applying for a licence or renewal of a licence, other than
an AIL licence.
(3) If the offender held a learner licence granted on an application
mentioned in section 25P(2), the offender is, for section 9(4), taken
to understand the laws in force relating to the regulation of road
traffic.
Motor Vehicles Act 1949 38
(4) Subsection (5) applies if:
(a) the offender held a learner licence granted on an application
mentioned in section 25P(2) (the former licence); and
(b) the Registrar is satisfied that, after successfully completing the
driving program under the community order, the offender
undertook further practical driver training during the remaining
period the learner licence was in force; and
(c) the Registrar grants a learner licence on an application made
under this section (the new licence); and
(d) the former licence and new licence have effect for a
continuous period.
(5) The period the former licence had effect must be taken into account
for working out the continuous period mentioned in section 10(1A).