Part 3Drivers' licences

Part 3—Drivers' licences 72—Classification of licences (1) A licence must be assigned 1 or more prescribed classifications. (2) Subject to this Act, if a person applies for the grant or renewal of a licence and the licence is granted or renewed (as the case may be), the Registrar must ensure that the licence is assigned the classification for which the person has applied. (a) an applicant for the renewal of a licence applies for the licence to be assigned any further or other classification; and (b) the Registrar is satisfied that the applicant is competent to drive a motor vehicle in respect of which that further or other classification is required under this Act, the Registrar must ensure that the licence, if renewed, is assigned that further or other classification. (4) If the Registrar is satisfied that a person who holds a licence is competent to drive motor vehicles for which a licence assigned a further or other classification is required under this Act, the Registrar must ensure that the licence is assigned the appropriate further or other classification. (5) The Registrar may, for the purposes of this section, require a person who holds a licence or applies for the grant or renewal of a licence to provide evidence to the satisfaction of the Registrar of the person's competency to drive motor vehicles for which a particular classification is required under this Act. (6) The regulations may provide that, for the purposes of this Act, a person is to be taken to hold a licence that is assigned a particular classification if the person has held a licence of some other classification for a prescribed period (the qualifying period). (7) Subject to the regulations, a classification assigned to a licence must be endorsed on the licence. (8) For the purposes of this Act, in determining whether a person has held a licence for the qualifying period, any period during which— (a) the person's licence was suspended; or (b) the person was disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth, is not to be taken into account. 72A—Qualified supervising drivers (1) For the purposes of this Act, a person acts as a qualified supervising driver for the holder of a permit or licence if— (a) when the holder of the permit or licence drives a motor vehicle, or attempts to put a motor vehicle in motion, on a road, the person— (i) occupies a seat in the vehicle next to the holder of the permit or licence, or, if the vehicle is a motor bike, is a passenger on the bike or in a sidecar attached to the bike; and (ii) takes all reasonable steps to supervise and instruct the holder of the licence or permit in the safe and efficient driving of the motor vehicle; and (b) the person is the holder of— (i) an unconditional licence authorising the person to drive the vehicle; or (ii) a foreign licence of a type approved by the Registrar by notice in the Gazette authorising the person to drive the vehicle, and has held such a licence during the whole of the immediately preceding 2 year period; and (c) the licence held by the person is not subject to a condition under section 98BE(2) requiring the person to be of good behaviour. (2) A person who has the prescribed concentration of alcohol in the person's blood, or a prescribed drug in the person's oral fluid or blood, must not act as a qualified supervising driver for the holder of a licence or permit. (3) Sections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (2) as if— (a) a reference in any of those sections to an offence against that Act were a reference to an offence against subsection (2); and (b) the person alleged to have committed an offence against subsection (2) were, when acting as a qualified supervising driver for the holder of a permit or licence, driving the motor vehicle in question; and (c) a reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act were a reference to the prescribed concentration of alcohol as defined for the purposes of this section. prescribed concentration of alcohol means a concentration of .05 grams or more of alcohol in 100 millilitres of blood. 73—Register of licences (1) The Registrar must keep a register of the names and addresses of all licensed drivers, and of all endorsements on, and renewals, suspensions, and cancellations of, licences. (2) The register will contain such other information as the Registrar thinks necessary for the administration of this Act and will be in a form determined by the Registrar. 74—Duty to hold licence or learner's permit (1) Subject to this Act, a person who— (a) drives a motor vehicle of a particular class on a road; and (b) is not authorised to drive a motor vehicle of that class on a road but has previously been so authorised under this Act or the law of another State or a Territory of the Commonwealth, (2) Subject to this Act, a person who— (a) drives a motor vehicle of a particular class on a road; and (b) is not and has never been authorised, under this Act or the law of another State or a Territory of the Commonwealth, to drive a motor vehicle of that class on a road, For a first offence—$2 500. For a subsequent offence—$5 000 or imprisonment for 1 year. (2aa) For the purposes of subsections (1) and (2), a person who, immediately before 1 December 2024, held a licence in this State (other than a provisional licence) that authorised them to drive an ultra high powered vehicle will be taken to have been previously authorised to drive a motor vehicle of that class on a road. (2a) Subject to this Act, if a person— (a) drives a motor vehicle on a road; and (b) has, as a consequence of being convicted of a serious drink driving offence, been disqualified from holding or obtaining a licence; and (c) has not, since the end of the period of that disqualification, been authorised, under this Act or the law of another State or Territory of the Commonwealth, to drive a motor vehicle, (2ab) Subject to this Act, if— (a) a person drives a motor vehicle on a road; and (b) the person has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drink driving offence or an alleged drink driving offence (whether committed, or allegedly committed, in this State or in another State or Territory of the Commonwealth); and (i) the drink driving offence or alleged drink driving offence was an offence against section 47(1a), 47B(1a), 47E(3a) or 47I(7) of the Road Traffic Act 1961; or (ii) if the offence was a prescribed drink driving offence—the person has— (A) been convicted of at least 1 other prescribed drink driving offence; or (B) been convicted of or expiated at least 2 other drink driving offences, committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; or (iii) in any other case—the person has been convicted of or expiated at least 2 other drink driving offences committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; and (d) the person has not, since the end of the period of the disqualification referred to in paragraph (b), been authorised, under this Act or the law of another State or Territory of the Commonwealth, to drive a motor vehicle, (2ac) Subject to this Act, if— (a) a person drives a motor vehicle on a road; and (b) the person has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drug driving offence or an alleged drug driving offence (whether committed, or allegedly committed, in this State or in another State or Territory of the Commonwealth); and (i) the drug driving offence or alleged drug driving offence was an offence against section 47(1a), 47BA(1a), 47EAA(9a) or 47I(7) of the Road Traffic Act 1961; or (ii) the person has been convicted of or expiated at least 1 other drug driving offence committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; and (d) the person has not, since the end of the period of the disqualification referred to in paragraph (b), been authorised, under this Act or the law of another State or Territory of the Commonwealth, to drive a motor vehicle, (2b) An offence against this section is not expiable if the maximum penalty for the offence is $5 000 or imprisonment for 1 year. (3) For the purposes of this section, a person is authorised to drive a motor vehicle of a particular class on a road if— (a) in the case of a motor bike—the person holds a licence or learner's permit that authorises the holder to drive a motor bike of that class; or (ab) in the case of an ultra high powered vehicle—the person holds a licence that authorises the holder to drive an ultra high powered vehicle; or (b) in the case of a motor vehicle that is not a motor bike or an ultra high powered vehicle— (i) the person holds a licence that authorises the holder to drive a motor vehicle of that class; or (ii) the person— (A) holds a licence; and (B) has the minimum driving experience required by the regulations for the grant of a licence that would authorise the driving of a motor vehicle of that class; or (iii) the person holds a learner's permit that authorises the holder to drive a motor vehicle of that class. (4) When the holder of a licence under this Act drives a motor vehicle on a road as authorised under subsection (3)(b)(ii), the obligations imposed by section 75A(10) to (19) (inclusive) on the holder of a learner's permit apply to the holder of the licence as if the references in those provisions to a learner's permit or permit were references to the licence. (5) Where a court convicts a person of an offence against this section for which the maximum penalty is $5 000 or imprisonment for 1 year, the following provisions apply: (a) the court must order that the person be disqualified from holding or obtaining a driver's licence or learner's permit for such period, being not less than 3 years, as the court thinks fit; (b) the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence; (c) if the person is the holder of a driver's licence or learner's permit—the disqualification operates to cancel the licence or permit as from the commencement of the period of disqualification. (6) In determining whether an offence is a first or subsequent offence for the purposes of subsection (2), any previous offence against this section or section 91(5) or (5a) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 3 years immediately preceding the date on which the offence under consideration was committed. (a) a reference to a drink driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of drink driving offence in section 5(1); (b) a reference to a drug driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of drug driving offence in section 5(1); (c) a reference to a prescribed drink driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of prescribed drink driving offence in section 5(1). 75—Issue and renewal of licences (1) Subject to this Act, the Registrar must issue a licence to, or renew the licence of, any person who— (aa) is resident in this State and is— (i) in the case of a person applying for the issue of a licence authorising the driving of a motor bike—at least 19 years of age; or (ii) in any other case—at least 17 years of age; and (a) makes an application for the licence or renewal in a manner and form determined by the Minister; and (b) pays the prescribed fee; and (c) has complied with any requirements of the Registrar under section 77B. (2) A licence will be in a form determined by the Minister. (3) Where an application for the issue or renewal of a licence is not entirely in order or the prescribed fee has not been paid, the Registrar may return the application and any fee paid in respect of the application. 75AAA—Term of licence and surrender (1) Subject to this section and the regulations, every licence will be issued or renewed for a term not exceeding 10 years, specified on the licence. (2) The term of a licence commences— (a) on the day on which it is granted; or (b) if the licence is renewed on application made before the expiry of the previous licence—on the day after that expiry. (3) If a licence is renewed on application made within six months after the expiry of the previous licence, the term for which the licence is renewed is to be calculated from the day after that expiry. (4) Subject to this Act and any other Act, a licence expires on the last day of the term for which it was granted or renewed. (5) A probationary licence expires at the end of the period for which the probationary licence conditions are effective but may be renewed as a licence not subject to probationary licence conditions. (6) A provisional licence expires at the end of the period for which the provisional licence conditions are effective but may be renewed as a licence not subject to provisional licence conditions. (7) Subject to subsection (8), an application for renewal of a licence must be made before the expiry of that licence. (8) The Registrar may renew a licence despite its expiry provided that application for renewal is made within five years of the expiry. (9) Despite the renewal of a licence after its expiry, the holder of the licence is not, for the purposes of this Act, to be taken to have been licensed during the period between the expiry of the licence and the date of its renewal. (10) The Registrar may, if of the opinion that it is appropriate to do so, extend the term of a licence for a period not exceeding 12 months. (11) On surrender of a licence— (a) the Registrar must cancel the licence; and (b) the person surrendering the licence is, subject to the regulations, entitled to a refund of a proportion of the licence fee determined in accordance with the regulations. 75AA—Only 1 licence to be held at any time (a1) The Registrar must not issue a licence to a person who already holds a licence under this Act unless the person surrenders the licence to the Registrar. (1) The Registrar must not issue a licence or learner's permit to a person who holds an interstate learner's permit, interstate licence or foreign licence unless the person— (a) surrenders the interstate learner's permit, interstate licence or foreign licence to the Registrar; and (b) in the case of a person who holds an interstate learner's permit or interstate licence—provides the Registrar with a letter addressed to the authority that issued the permit or licence requesting the authority to cancel the permit or licence. (2) Where a person who holds an interstate learner's permit, interstate licence or foreign licence is issued with a licence or learner's permit under this Act, the interstate learner's permit, interstate licence or foreign licence will, for the purposes of this Act, be taken to have been cancelled on the date of issue of the licence or permit under this Act. (3) Where a person who holds a licence or learner's permit under this Act is issued with an interstate learner's permit, interstate licence or foreign licence, the licence or permit under this Act will, for the purposes of this Act, be taken to have been cancelled on the date of issue of the interstate learner's permit, interstate licence or foreign licence. (4) Where a person holds a licence or learner's permit and one or more interstate learner's permits or interstate licences, the Registrar may, by notice given in a manner and form determined by the Minister to the person, require the person to elect either— (a) to surrender the licence or learner's permit to the Registrar; or (b) to surrender the interstate learner's permits or interstate licences to the Registrar and provide the Registrar with letters addressed to the authorities that issued the permits or licences requesting those authorities to cancel the permits or licences. (5) If a person does not surrender the person's licence or learner's permit or surrender the person's interstate learner's permits or interstate licences and provide appropriate letters within the period allowed in a notice under subsection (4), the licence or learner's permit will, for the purposes of this Act, be taken to have been cancelled on the expiry of that period. (6) The Registrar may, if satisfied that it would be unreasonable in the circumstances to require a person who holds a foreign licence to surrender the licence, exempt the person from the operation of this section. (7) A requirement to surrender a permit or licence under this section only applies in relation to a permit or licence that is held in the form of a physical document or item. (8) Nothing in this section affects the ability of the Registrar to issue— (a) to a person who holds a permit or licence issued in the form of a physical document or item the same permit or licence in electronic form (without surrender of the permit or licence issued in the form of a physical document or item); or (b) to a person who holds a permit or licence issued in electronic form the same permit or licence in the form of a physical document or item (without surrender of the permit or licence issued in electronic form). 75A—Learner's permit prescribed concentration of alcohol means any concentration of alcohol in the blood; prescribed learner's permit holder means a person under the age of 25 years who holds a learner's permit authorising the holder to drive a motor bike; prescribed locality means an area in the State defined as a prescribed locality for the purposes of this section— (a) by the regulations; or (b) by the Registrar by notice in the Gazette; service brake means the brake normally used to decelerate a vehicle. (2) Subject to this Act, the Registrar must issue a learner's permit to an applicant if— (a) the applicant— (i) is at least 16 years of age; and (ii) is resident in the State; and (iii) has passed the theoretical examination prescribed for the purposes of section 79; and (iv) has complied with any requirements of the Registrar under section 77B; and (v) has— (A) in the case of an applicant for a learner's permit authorising the driving of a motor bike—completed the motor bike driver training prescribed by the regulations and complied with any other requirements prescribed by the regulations; or (B) in any other case—complied with any other requirements prescribed by the regulations in relation to the class of motor vehicle in respect of which the permit is sought; and (b) the application— (i) is made in a manner and form determined by the Minister; and (ii) is accompanied by the prescribed fee. (2a) Despite subsection (2), the Registrar must not issue a learner's permit authorising the driving of a motor bike to a person under 18 years of age unless— (a) the person is at least 16 years of age and the person satisfies the Registrar that the person resides in a prescribed locality; or (b) the person is at least 17 years of age and is the holder of a provisional licence. (3) A learner's permit issued to an applicant in respect of a class of motor vehicle remains in force until the expiration of the period specified in the permit or until a licence is issued to the applicant in respect of the same class of vehicle (whichever occurs first). (4) Subject to this Act, the Registrar may renew a learner's permit if— (a) the applicant has complied with any requirements of the Registrar under section 77B and any other requirements prescribed by regulation in relation to the class of motor vehicle in relation to which the permit applies; and (b) the application— (i) is made in a manner and form determined by the Minister; and (ii) is accompanied by the prescribed fee. (5) Subject to subsection (6), an application for renewal of a learner's permit must be made before the expiry of that permit. (6) The Registrar may renew a learner's permit despite its expiry provided that application for renewal is made within 12 months of the expiry. (7) Despite the renewal of a learner's permit after its expiry, the holder of the permit is not, for the purposes of this Act, to be taken to have been the holder of the permit during the period between the expiry of the permit and the date of its renewal. (8) If an application for the issue or renewal of a learner's permit is not entirely in order or the prescribed fee has not been paid, the Registrar may refuse the application and return any fee paid in respect of the application. (9) A learner's permit— (a) will be in a form determined by the Minister; and (b) authorises the holder of the permit to drive a motor vehicle of a class specified in the permit on roads— (i) during the period for which the permit remains in force; and (ii) subject to learner's permit conditions; and (c) while the learner's permit conditions are complied with, has effect as a licence. (10) A learner's permit is subject to the following conditions: (a) a condition that the holder of the permit must not drive a motor vehicle, or attempt to put a motor vehicle in motion, on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood; (b) a condition that the holder of the permit must not drive a motor vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit that applies under the Road Traffic Act 1961 or this Act; (c) a condition that the holder of the permit must not drive a motor vehicle (other than a motor bike) on a road unless the holder of the permit is accompanied by a person acting as a qualified supervising driver for the holder of the permit; (d) any other condition— (i) limiting the kind of vehicle that may be driven pursuant to the permit; or (ii) limiting the hours during which or the locality within which a vehicle may be driven pursuant to the permit; or (iii) imposing any other restriction, that the Registrar thinks necessary. (11) A condition imposed on a learner's permit by the Registrar under subsection (10)(d) must be endorsed on the permit. (12) The condition referred to in subsection (10)(c) does not apply while the holder of a learner's permit is driving a motor vehicle during the course of a practical driving test conducted under this Act. (13) If an applicant is not willing to accept a learner's permit subject to learner's permit conditions, the Registrar must refuse to issue a permit to, or renew the permit of, the applicant. (14) The holder of a learner's permit must not contravene a condition of the permit. (15) The holder of a learner's permit must not— (a) drive a motor bike on a road unless a plate bearing the letter "L" is affixed to the bike in accordance with the regulations; or (b) drive any other motor vehicle on a road unless 2 plates bearing the letter "L" are affixed to the vehicle in accordance with the regulations. (16) The holder of a learner's permit must not drive a motor vehicle on a road in any part of the State at a speed exceeding 100 kilometres an hour. (17) Subsections (14), (15) and (16) do not apply to the holder of a learner's permit while the holder is driving a class of motor vehicle that the holder is authorised to drive under a licence. (18) Sections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (14) of contravening the condition referred to in subsection (10)(a) as if— (a) a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (14); and (b) a reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act was a reference to the prescribed concentration of alcohol as defined in this section. (19) Section 175 of the Road Traffic Act 1961, applies in relation to— (a) an offence against subsection (14) of contravening the condition referred in subsection (10)(b); or (b) an offence against subsection (16), as if a reference in that section to an offence against that Act was a reference to an offence against subsection (14) or (16). (20) A prescribed learner's permit holder must not drive a motor bike on a road between the hours of midnight and 5.00 am. (21) It is a defence to a charge of an offence against subsection (20) if the defendant establishes that the defendant was driving the vehicle in the circumstances prescribed— (c) by notice in the Gazette under subsection (22). (22) The Registrar may, by notice in the Gazette, prescribe circumstances that will constitute a defence for the purposes of subsection (21)(c) and may, by further notice in the Gazette, vary or revoke such a notice. (23) A notice prescribing circumstances that will constitute a defence for the purposes of subsection (21)(c) has effect for the period specified in the notice (which must be not longer than 6 months). (24) The holder of a learner's permit authorising the holder to drive a motor bike must not, while driving a motor bike on a road, carry any person on the motor bike (whether as a passenger on the motor bike or in a sidecar attached to the motor bike). (25) The holder of a learner's permit authorising the holder to drive a motor bike must not, while driving a motor bike on a road, tow any vehicle by use of the motor bike. 75B—Special provisions applying to certain motor bike learner's permits (1) The holder of a restricted motor bike learner's permit must not drive a motor bike on a road except in circumstances prescribed— (a) in Schedule 2 clause 3(2); or (b) in Schedule 2 clause 4(1a); or (c) in Schedule 2 clause 5; or (d) by the regulations; or (e) by notice in the Gazette under subsection (2). (2) The Registrar may, by notice in the Gazette, prescribe circumstances for the purposes of subsection (1)(e) and may, by further notice in the Gazette, vary or revoke such a notice. (3) A notice prescribing circumstances for the purposes of subsection (1)(e) has effect for the period specified in the notice (which must not be longer than 6 months). restricted motor bike learner's permit means a learner's permit issued under section 75A(2a)(a). 77A—Licences and learner's permits to include photographs (1) A licence (other than a temporary licence) issued or renewed after the commencement of this section must include a photograph of the holder of the licence. (2) A learner's permit (other than a temporary learner's permit) issued or renewed after the commencement of this section must, if the Registrar so determines, include a photograph of the holder of the permit. 77B—Powers of Registrar in relation to applicant for licence or permit (1) Where a photograph of a person is to be included on a licence or permit, the Registrar may, for the purpose of obtaining such a photograph— (a) require the person to attend at a specified place for the purpose of having the person's photograph taken; or (b) require the person to supply to the Registrar one or more photographs of the person as specified by the Registrar. (1a) The Registrar may require an applicant for the issue or renewal of a licence or learner's permit to provide such evidence as the Registrar thinks appropriate as to the identity, age or address of the applicant. (a) a person of whom a requirement is made under this section refuses or fails to comply with the requirement; or (ab) the Registrar is not satisfied as to the identity, age or address of an applicant for the issue or renewal of a licence or learner's permit; or (b) a photograph of a person taken or supplied pursuant to subsection (1) is not, in the opinion of the Registrar, suitable for inclusion on a licence or permit, the Registrar may determine that the licence or permit in question not be issued or renewed as the case may be. 77BA—Use of photographs by Registrar (1) This section applies to a photograph of a person taken or supplied for inclusion on a licence or learner's permit. (2) A photograph to which this section applies may be used by the Registrar only for one or more of the following purposes: (a) for inclusion on a licence, learner's permit or proof of age card; (b) to assist in determining the identity of a person applying for— (i) the issue or renewal of a licence or learner's permit; or (ii) the issue of a duplicate licence or learner's permit; or (iii) the issue of a proof of age card; or (iv) the registration of a motor vehicle; (c) in connection with the investigation of a suspected offence against this Act; (d) for the purposes of any legal proceedings arising out of the administration of this Act or the Road Traffic Act 1961; (e) for a purpose prescribed by the regulations. (3) A photograph to which this section applies may be used for a purpose set out in subsection (2) at the time that the photograph is taken or supplied or at any later time. (4) The Registrar must ensure that a photograph to which this section applies is not released except in accordance with a request of a person or body responsible under the law of another State or a Territory of the Commonwealth for the registration or licensing of motor vehicles or the licensing of drivers, where the photograph is required for the proper administration of that law. (5) In this section— proof of age card means a card that may be used for the purposes of identifying the cardholder and providing evidence of the age of the cardholder. 77C—Temporary licences and learner's permits (a) the Registrar is unable to determine an application for the issue or renewal of a licence or learner's permit without delay; or (b) the Registrar determines that an application for the issue or renewal of a licence or learner's permit should be granted but the licence or permit must when issued or renewed include a photograph of the holder; or (c) a person— (i) applies for a temporary licence or temporary learner's permit following the return by the Registrar of an application by the person for the issue or renewal of a licence or learner's permit; or (ii) applies for a temporary licence or temporary learner's permit in circumstances in which, in the opinion of the Registrar, the issue of a temporary licence or temporary learner's permit is justified, and pays the prescribed fee, the Registrar may issue to the person a temporary licence or temporary learner's permit. (2) A temporary licence or temporary learner's permit will be in a form determined by the Minister. (3) A temporary licence or temporary learner's permit issued to a person under this section— (a) must bear all the appropriate endorsements and has effect for all purposes as if it were a licence or learner's permit issued to the person; but (b) expires— (i) in the case of a temporary licence or temporary learner's permit issued under subsection (1)(b)— (A) on the day specified for that purpose in the licence or permit, being not more than one month after the date on which it is issued; or (B) on the day on which the person receives the licence or permit that bears a photograph of the person, whichever is the earlier; (ii) in the case of a temporary licence or temporary learner's permit issued under subsection (1)(c)(i)— (A) on the day specified for that purpose in the licence or permit, being not more than one month after the date on which it is issued; or (B) on the day that a proper application for a licence or learner's permit is determined, whichever is the earlier; (iii) in any other case—on the day specified for that purpose in the licence or permit, being not more than one month after the date on which it is issued. 79—Examination of applicant for licence or learner's permit (1) Subject to this Act, the Registrar may not issue a licence or learner's permit to an applicant who has not held a licence at some time during the period of 5 years immediately preceding the date of the application unless— (a) the applicant satisfies the Registrar, by such evidence as the Registrar may require, that the applicant has passed an approved theoretical examination; or (b) the applicant satisfies the Registrar, by such evidence as the Registrar may require, that— (i) at some time during the period of 12 months immediately preceding the date of the application the applicant held an interstate learner's permit; or (ii) at some time during the period of 5 years immediately preceding the date of the application the applicant held an interstate licence; or (iii) at some time during the period of 5 years immediately preceding the date of the application the applicant held a foreign licence of a type approved by the Registrar by notice in the Gazette. (2) The regulations may provide that, for the purposes of this Act, a person will not be regarded as having passed an examination unless the person has answered correctly not less than a prescribed number of questions asked in the examination (but, despite such a regulation, the Registrar may treat a person as not having passed an examination for the purposes of this Act if an incorrect answer has been given to a question dealing with a matter that, in the Registrar's opinion, is of special importance). approved theoretical examination means an examination approved by the Registrar as a theoretical examination for the purposes of this section. 79A—Driving experience required for issue of licence (1) Subject to this section, the Registrar must not issue a licence authorising the driving of a motor bike to an applicant who has not held such a licence during the period of 5 years immediately preceding the date of the application unless— (a) in the case of an applicant who has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit authorising the holder to drive a motor bike for periods totalling at least 12 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or (b) in any other case—the applicant has held a learner's permit authorising the holder to drive a motor bike for a continuous period of at least 12 months. (2) Subject to this section, the Registrar must not issue a licence authorising the driving of a motor vehicle (other than a motor bike) to an applicant who has not held a licence during the period of 5 years immediately preceding the date of the application unless— (a) in the case of an applicant under the age of 25— (i) if the applicant has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit for periods totalling at least 12 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or (ii) in any other case—the applicant has held a learner's permit for a continuous period of at least 12 months; or (b) in the case of an applicant aged 25 or over— (i) if the applicant has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the applicant held a learner's permit or interstate learner's permit (provided the applicant did not also hold a licence or interstate licence in respect of another class of motor vehicle) or after the expiry of such a permit but before obtaining any licence or interstate licence, and the applicant has not held a licence or interstate licence since the end of the period of disqualification—the applicant has held a learner's permit for periods totalling at least 6 months of which there must be a continuous period of not less than 3 months since the end of the period of disqualification; or (ii) in any other case—the applicant has held a learner's permit for a continuous period of at least 6 months. (3) Subject to this section, the Registrar must not issue a licence authorising the driving of a motor vehicle to an applicant who has not held such a licence during the period of 5 years immediately preceding the date of the application unless— (a) the applicant has produced to the Registrar— (i) a logbook that— (A) is in a form approved by the Registrar; and (B) has been completed in accordance with the instructions contained in the logbook so as to verify that the applicant has satisfied the prescribed requirements relating to the applicant's driving experience; or (ii) other evidence to the satisfaction of the Registrar that the applicant has satisfied the prescribed requirements relating to the applicant's driving experience; and (b) the Registrar is satisfied that the applicant has passed— (i) an approved hazard perception test conducted— (A) by a police officer or an approved tester; or (B) by a method approved by the Registrar; and (ii) a practical driving test conducted by an authorised examiner; and (c) in the case of an applicant for a licence authorising the driving of a motor bike—the applicant has completed the motor bike driver training prescribed by the regulations. (4) The Registrar may issue a licence to an applicant who has not held a licence at some time during the period of 5 years immediately preceding the date of the application despite the applicant not satisfying the requirements of subsection (1), (2) or (3) if the applicant satisfies the Registrar, by such evidence as the Registrar may require, that— (a) the applicant has at some time during the period of 5 years immediately preceding the date of the application held— (i) an interstate licence; or (ii) a foreign licence of a type approved by the Registrar by notice in the Gazette; or (b) the applicant— (i) has at some time held a licence issued under this Act, an interstate learner's permit, an interstate licence or a licence issued under the law of some other place outside this State; and (ii) has obtained satisfactory driving experience. (5) The Registrar may dispense with the requirement that an applicant must have held a learner's permit for the continuous period referred to in subsection (1)(b), (2)(a)(ii) or (2)(b)(ii) if the Registrar is satisfied that the applicant has held a learner's permit for periods that are sufficient in aggregate. (6) The Registrar may dispense with the requirement imposed by subsection (3)(a) if the application is for the issue of a licence of a class prescribed by regulation. (7) If— (a) an applicant for a licence has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere)— (i) while the person held a learner's permit or interstate learner's permit (provided the person did not also hold a licence or interstate licence in respect of another class of motor vehicle); or (ii) after the expiry of such a permit but before obtaining any licence or interstate licence; and (b) the applicant has held a licence or interstate licence at some time during the period of 5 years immediately preceding the date of the application but has not held a licence or interstate licence since the end of the period of disqualification, the Registrar must not issue a licence to the applicant unless— (c) the applicant has, since the end of the period of disqualification, held a learner's permit for a continuous period of at least 3 months; and (d) the applicant has produced to the Registrar evidence to the satisfaction of the Registrar that, since the end of the period of disqualification, the applicant has passed— (i) an approved hazard perception test conducted— (A) by a police officer or an approved tester; or (B) by a method approved by the Registrar; and (ii) a practical driving test conducted by an authorised examiner. approved hazard perception test means a test approved by the Registrar as a hazard perception test for the purposes of this Act; approved tester means— (a) a person appointed by the Registrar to conduct hazard perception tests; or (b) a person of a class approved by the Registrar to conduct hazard perception tests. 79B—Alcohol and drug dependency assessments and issue of licences (a) an applicant for the issue of a licence has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drink driving offence or an alleged drink driving offence (whether committed, or allegedly committed, in this State or in another State or Territory of the Commonwealth); and (b) the applicant has not held a licence or learner's permit, or an interstate licence or interstate learner's permit, since the end of the period of disqualification; and (i) the drink driving offence or alleged drink driving offence was an offence against section 47(1a), 47B(1a), 47E(3a) or 47I(7) of the Road Traffic Act 1961; or (ii) if the offence was a prescribed drink driving offence—the applicant has— (A) been convicted of at least 1 other prescribed drink driving offence; or (B) been convicted of or expiated at least 2 other drink driving offences, committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; or (iii) in any other case—the applicant has been convicted of or expiated at least 2 other drink driving offences committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence, the Registrar must, before determining the application for the licence, direct the applicant to submit to an examination by an approved assessment provider to determine whether or not the applicant is dependent on alcohol unless the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that— (d) the applicant has successfully completed an alcohol dependency treatment program not more than 60 days before the date of application for the licence; and (e) the applicant is not dependent on alcohol. (2) If— (a) an applicant for the issue of a licence— (i) has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drug driving offence or an alleged drug driving offence (whether committed, or allegedly committed, in this State or in another State or Territory of the Commonwealth); or (ii) has had their licence or permit cancelled under section 81D(2)(a); and (b) the applicant has not held a licence or learner's permit, or an interstate licence or interstate learner's permit, since the end of the period of disqualification or the cancellation of the applicant's licence or permit under section 81D(2)(a) (as the case requires); and (i) the drug driving offence or alleged drug driving offence was an offence against section 47(1a), 47BA(1a), 47EAA(9a) or 47I(7) of the Road Traffic Act 1961; or (ii) the applicant has been convicted of or expiated at least 1 other drug driving offence committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence, the Registrar must, before determining the application for the licence, direct the applicant to submit to an examination by an approved assessment provider to determine whether or not the applicant is dependent on drugs unless the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that— (d) the applicant has successfully completed a drug dependency treatment program not more than 60 days before the date of application for the licence; and (e) the applicant is not dependent on drugs. (3) An approved assessment provider must, as soon as practicable after the assessment of a person has been completed under this section, furnish a report on the examination to the Registrar, and send a copy of the report to the person. (4) Subject to subsection (6), if the Registrar is satisfied, on the basis of the report of an approved assessment provider, that the applicant is dependent on alcohol, the Registrar must refuse to issue a licence to the applicant until the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that the applicant is no longer dependent on alcohol. (5) If the Registrar is satisfied, on the basis of the report of an approved assessment provider, that the applicant is dependent on drugs, the Registrar must refuse to issue a licence to the applicant until the applicant satisfies the Registrar, on the basis of the report of an approved assessment provider or such other evidence as the Registrar may require, that the applicant is no longer dependent on drugs. (6) If the Registrar is satisfied, on the basis of the report of an approved assessment provider, that the applicant is dependent on alcohol, but the applicant is willing to accept a licence subject to the mandatory alcohol interlock scheme conditions, the Registrar may, subject to this Act, issue such a licence to the applicant. (7) The mandatory alcohol interlock scheme conditions of a licence issued under this section are effective until the holder of the licence satisfies the Registrar, on the basis of a report of an approved assessment provider or such other evidence as the Registrar may require, that the holder of the licence is no longer dependent on alcohol. (7a) For the avoidance of doubt, an offence may be taken into account as an offence committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of an offence referred to in subsection (1)(a) or (2)(a)(i) (the disqualification offence) regardless of whether or not the person had been convicted of or expiated the offence at the time of commission of the disqualification offence. (a) a reference to an approved assessment provider is a reference to— (i) a person who— (A) is registered under the Health Practitioner Regulation National Law to practice medicine as a specialist in addiction medicine; and (B) is a Fellow of the Australasian Chapter of Addiction Medicine of the Royal Australasian College of Physicians; or (ii) a person who— (A) is registered under the Health Practitioner Regulation National Law to practice medicine as a specialist in psychiatry; and (B) is a Fellow of the Royal Australian and New Zealand College of Psychiatrists; and (C) holds a Certificate in Addiction Psychiatry; or (iii) a person or body approved as an assessment provider for the purposes of this section by the Minister to whom the administration of the Health Care Act 2008 is committed; (b) a reference to a drink driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of drink driving offence in section 5(1); (c) a reference to a drug driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of drug driving offence in section 5(1); (d) a reference to a prescribed drink driving offence includes a reference to an offence against a law of another State or Territory of the Commonwealth that corresponds to an offence against this Act that is within the ambit of the definition of prescribed drink driving offence in section 5(1). (9) Nothing in this section derogates from the Registrar's powers under section 80 or 81. 80—Ability or fitness to be granted or hold licence or permit (1) If in the opinion of the Registrar it is desirable that the ability or fitness of an applicant for the issue or renewal of a licence or learner's permit, or of the holder of a licence or learner's permit, to drive a motor vehicle, or a motor vehicle of a particular class, should be assessed, the Registrar may require the person to undergo such assessments or to furnish such evidence of ability or fitness to drive as the Registrar directs. (1a) The Registrar may, with the approval of the Minister, direct that all applicants for the issue or renewal of a licence or learner's permit who are of a particular class, or all holders of a licence or learner's permit who are of a particular class, must undergo such assessments, or furnish such evidence as to ability or fitness to drive a motor vehicle, or a motor vehicle of a particular class, as the Registrar may require. (1b) The Registrar may, in directing a person to undergo an assessment under this section, require that the assessment be undertaken at a particular location or by a particular person or body determined by the Registrar. (2) For the purposes of this section, an assessment undertaken to assess a person's ability or fitness to drive a motor vehicle, or motor vehicle of a particular class, must comply with guidelines published or adopted by the Minister by notice in the Gazette and the results of such an assessment must be applied by the Registrar in accordance with any policies published or adopted by the Minister by notice in the Gazette. (2a) If— (a) a person fails to comply with a requirement of the Registrar under this section; or (b) the Registrar is satisfied— (i) after considering the results of assessments or evidence required under this section; or (ii) from information furnished to the Registrar by a health professional or from any other evidence received by the Registrar, that a person is not competent to drive a motor vehicle or a motor vehicle of a particular class, the Registrar may— (c) refuse to issue a licence or permit to the person; or (d) refuse to renew the person's licence or permit; or (e) suspend the person's licence or permit for such period as the Registrar considers necessary in the circumstances of the case, or until the person satisfies the Registrar, in such a manner as the Registrar directs, that the person is competent to drive a motor vehicle; or (f) remove a classification assigned to the person's licence, or substitute for a classification assigned to the person's licence another classification. (3) The Registrar may issue to any person who has been required to undergo assessments, or to furnish other evidence of ability or fitness to drive a motor vehicle, a temporary driving permit authorising that person, subject to such conditions and restrictions as may be specified in the permit, to drive motor vehicles. (4) A temporary driving permit has, subject to any conditions and restrictions specified in the permit, effect as a licence. (5) A person must not contravene any condition or restriction of a temporary driving permit. 81—Restricted licences and learner's permits (1) Where, in such circumstances as the Registrar thinks fit and upon such evidence as the Registrar may require, the Registrar is satisfied that the holder of a licence or learner's permit, or an applicant for the issue or renewal of a licence or learner's permit, should only be permitted to drive a motor vehicle subject to restriction, the Registrar may endorse upon the licence or permit all or any of the following conditions: (a) a condition that the holder of the licence or permit is permitted to drive only in specified localities; or (b) a condition that the holder of the licence or permit is permitted to drive only a vehicle of a specified class, size or type or a vehicle fitted with specified equipment; or (c) any other condition that the Registrar thinks necessary for the purpose of preventing accident or injury. (1a) If the Registrar is not satisfied that an applicant for the issue or renewal of a licence authorising the driving of a motor bike is competent to drive a motor bike fitted with a manual transmission, the Registrar may endorse on the licence a condition that the holder of the licence must not drive a motor bike unless it is fitted with an automatic transmission. (2) Where the Registrar is satisfied that, because of special circumstances it would be unreasonable to require the applicant to take a theoretical examination under section 79 or to pass a driving test or a hazard perception test under section 79A, the Registrar may, without submitting the applicant to such an examination or test, issue a licence or permit containing conditions as provided by subsection (1). (3) If a person is not willing to accept a condition proposed by the Registrar under this section, the Registrar must refuse to issue or renew the licence or permit, or cancel the licence or permit, as the case may require. (4) A person must not contravene a condition endorsed upon a licence or permit pursuant to this section. 81A—Provisional licences complying interstate provisional licence—an interstate provisional licence is a complying interstate provisional licence if it has been in force for a period of at least 12 months; P1 qualifying period means the period, or total period, for which a person has held a P1 licence (excluding, if the person had been disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth, any period preceding the period of disqualification); P2 qualifying period means the period, or total period, for which a person has held a P2 licence (excluding, if the person had been disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth, any period preceding the period of disqualification); peer passenger means a passenger in a motor vehicle who is aged not less than 16 years and not more than 20 years; prescribed concentration of alcohol means any concentration of alcohol in the blood. (2) Without derogating from any other provision of this Act, if an applicant for the issue of a licence— (a) has not held a non‑provisional licence or interstate non‑provisional licence at some time during the period of 5 years immediately preceding the application; or (b) holds an interstate provisional licence; or (c) holds an interstate non‑provisional licence or a foreign licence but is under the age of 20 years; or (d) — (i) has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the holder of a P1 licence or interstate provisional licence; and (ii) has not held a P2 licence or a complying interstate provisional licence since the end of the period of disqualification, a licence issued to the applicant is a provisional licence and will be taken to be a P1 licence until the applicant has completed a P1 qualifying period of 12 months (and thereafter will be taken to be a P2 licence). (3) Without derogating from any other provision of this Act, if an applicant for the issue of a licence has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere)— (a) while the holder of a P2 licence or a complying interstate provisional licence; or (b) after the expiry of such a licence but before obtaining a non‑provisional licence or an interstate non‑provisional licence, and has not held a non‑provisional licence or an interstate non‑provisional licence since the end of the period of disqualification, a licence issued to the applicant is a provisional licence and will be taken to be a P2 licence. (4) The provisional licence conditions are as follows: (a) a condition that the holder of the licence must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood; (b) a condition that the holder of the licence must not drive a motor vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit that applies under the Road Traffic Act 1961 or this Act. (5) Subject to this Act, the Registrar must not grant a non‑provisional licence to an applicant unless the applicant— (a) will be aged 20 years or over at the commencement of the term of the licence; and (b) will, at the commencement of the term of the licence, have completed a P2 qualifying period of at least 2 years; and (c) is not the holder of a provisional licence that is subject to alcohol interlock scheme conditions. (6) If a court disqualifies a person from holding or obtaining a licence or learner's permit the court may order— (a) that any provisional licence to be issued to the person at the end of the period of disqualification will be taken to be a P1 licence for an extended period; or (b) that the period referred to in subsection (5)(b) be extended in relation to any such provisional licence. (7) Despite any other provision of this Act, if an applicant for the issue of a driver's licence— (a) holds or has previously held a foreign licence; or (b) is of a class of applicants prescribed by regulation, the Registrar may, if of the opinion that there is proper cause to do so, do 1 or more of the following: (c) issue a licence not subject to the conditions that would otherwise be imposed under this section; (d) reduce the period for which the person will be taken to hold a P1 licence under this section or the period referred to in subsection (5)(b). (8) If an applicant is not willing to accept a provisional licence, the Registrar must refuse to issue a licence to the applicant. (9) The holder of a provisional licence must not contravene a condition of the licence. (10) Sections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (9) of contravening the condition referred to in subsection (4)(a) as if— (a) a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (9); and (b) a reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act was a reference to the prescribed concentration of alcohol as defined in this section. (11) The holder of a provisional licence must not drive a motor vehicle on a road in any part of the State at a speed exceeding 100 kilometres an hour. (12) Section 175 of the Road Traffic Act 1961 applies in relation to— (a) an offence against subsection (9) of contravening the condition referred to in subsection (4)(b); or (b) an offence against subsection (11), as if a reference in that section to an offence against that Act was a reference to an offence against subsection (9) or (11). (13) The holder of a provisional licence must not, if the holder is under the age of 25 years, drive a high powered vehicle. (14) Subject to the regulations, the Registrar may, on application by the holder of a provisional licence and payment of the fee (if any) prescribed by regulation, grant the holder an exemption from subsection (13) for such a term and subject to such conditions as the Registrar thinks fit. (15) The holder of a P1 licence must not— (a) drive a motor bike on a road unless a plate bearing the letter "P" is affixed to the bike in accordance with the regulations; or (b) drive any other motor vehicle on a road unless 2 plates bearing the letter "P" are affixed to the vehicle in accordance with the regulations. (16) The holder of a P1 licence who is under the age of 25 years must not drive a motor vehicle on a road between the hours of midnight and 5.00 am unless the driver is accompanied by a person acting as a qualified supervising driver for the holder of a licence. (17) It is a defence to a charge of an offence against subsection (16) if the defendant establishes that the defendant was driving the vehicle in the circumstances prescribed— (c) by notice in the Gazette under subsection (20). (18) The holder of a P1 licence who is under the age of 25 years must not drive a motor vehicle on a road while 2 or more peer passengers are present in the vehicle unless the driver is also accompanied by a person acting as a qualified supervising driver for the holder of a licence. (19) It is a defence to a charge of an offence against subsection (18) if the defendant establishes that the defendant was driving the vehicle in the circumstances prescribed— (c) by notice in the Gazette under subsection (20). (20) The Registrar may, by notice in the Gazette, prescribe circumstances that will constitute a defence for the purposes of subsection (17)(c) or subsection (19)(c) and may, by further notice in the Gazette, vary or revoke such a notice. (21) A notice prescribing circumstances that will constitute a defence for the purposes of subsection (17)(c) or subsection (19)(c) has effect for the period specified in the notice (which must be not longer than 6 months). (22) For the purposes of this section— (a) in determining the period for which a person has held a P1 licence or P2 licence or whether a person has completed a P1 qualifying period or a P2 qualifying period, any period during which the person's licence has been suspended under this Act or another law of this State is not to be taken into account; and (b) in determining the period for which a person has held a non‑provisional licence or non‑provisional interstate licence, any period during which the person's licence has been suspended under this Act or another law of this State is not to be taken into account, unless the suspension came into operation before the commencement of this subsection. 81AB—Probationary licences (1) Without derogating from any other provision of this Act, if a person applies for the issue of a licence following— (a) a period of disqualification from holding or obtaining a licence imposed in prescribed circumstances; or (b) cancellation of the person's licence under section 81D(2)(a), a licence issued to the applicant is subject to the following conditions: (c) a condition that the holder of the licence must carry the licence at all times while driving a motor vehicle on a road pursuant to the licence; (d) a condition that the holder of the licence must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood. (2) Subsection (1) does not apply where a person applies for the issue of a driver's licence following a period of disqualification— (a) if the disqualification did not result in the cancellation of any driver's licence held by the person; or (b) if the person is required to be issued a provisional licence. (3) Subject to subsection (3a) or (3b), the conditions imposed under subsection (1) are effective for a period of one year or, if the court by which the order of disqualification was made ordered that the conditions were to be effective for a greater period, the period ordered by the court. (3a) Where a licence is issued subject to the alcohol interlock scheme conditions, the following provisions apply: (a) the licence is subject to a further condition that the holder of the licence must not drive a motor vehicle on a road unless two plates bearing the letter "P" are affixed to the vehicle in accordance with the regulations (in addition to the conditions imposed by subsection (1)); (b) the condition under paragraph (a) is effective for the period for which the licence is required to be subject to the alcohol interlock scheme conditions; (c) the conditions imposed by subsection (1) are effective for— (i) the period for which the licence is required to be subject to the alcohol interlock scheme conditions; or (ii) 12 months, whichever is the longer period. (3b) If a licence is not issued subject to the alcohol interlock scheme conditions but the application for the licence was made following a period of disqualification ordered by a court for a serious drink driving offence committed on or after the commencement of section 81E, the conditions imposed by subsection (1) are effective for— (a) a period of 12 months or double the period for which the licence would have been required to be subject to the alcohol interlock scheme conditions had a licence subject to such conditions been issued (whichever is the longer period); or (b) a period of 3 years, whichever is the lesser. (4) If an applicant is not willing to accept a probationary licence, the Registrar must refuse to issue a licence to the applicant. (5) A person must not contravene a condition of a probationary licence. (6) Sections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (5) of contravening the condition referred to in subsection (1)(b) as if— (a) a reference in any of those sections to an offence against that Act were a reference to an offence against subsection (5); and (b) a reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act were a reference to the prescribed concentration of alcohol as defined in this section. prescribed circumstances—a period of disqualification from holding or obtaining a licence is imposed in prescribed circumstances if the disqualification is imposed— (a) pursuant to section 81B, 81BB, 81C or 81D; or (b) by order of a court in this State or any other State or Territory of the Commonwealth; or (c) in respect of an offence committed whilst the person was not authorised to drive a motor vehicle on a road under this Act; prescribed concentration of alcohol means any concentration of alcohol in the blood. (8) For the purposes of this section, in determining the period for which conditions imposed under this section have been effective on a licence, any period during which the licence has been suspended under this Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this subsection). 81AC—Special provisions applying to certain motor bike licences prescribed concentration of alcohol means any concentration of alcohol in the blood; prescribed motor bike licence means a licence authorising the driving of a motor bike of a class prescribed by the regulations for the purposes of this section. (2) A prescribed motor bike licence is subject to the condition that the holder of the licence must not drive a motor bike, or attempt to put a motor bike in motion, on a road while the prescribed concentration of alcohol is present in the holder's blood, or a prescribed drug is present in the holder's oral fluid or blood. (3) The holder of a prescribed motor bike licence must not contravene the condition referred to in subsection (2). (4) If a person is not willing to accept a licence subject to the condition imposed by subsection (2), the Registrar must refuse to issue a licence to the person. (5) Sections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (3) of contravening the condition referred to in subsection (2) as if— (a) a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (3); and (b) a reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act was a reference to the prescribed concentration of alcohol as defined in this section. (6) This section applies in relation to a prescribed motor bike licence— (a) whether or not the licence is a provisional licence; and (b) whether the licence is issued or renewed before or after the commencement of this section. 81B—Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions (1) Subject to this section, if— (a) a person who holds a learner's permit, provisional licence or probationary licence commits an offence of contravening a prescribed condition; or (b) a person expiates an offence of contravening a prescribed condition allegedly committed while the holder of a learner's permit, provisional licence or probationary licence; or (c) demerit points are incurred by a person and, in consequence— (i) the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of a learner's permit or provisional licence equals or exceeds 4; or (ii) the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of a probationary licence equals or exceeds 2, (d) that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a permit or licence for a period of 6 months; and (e) that, if the person holds any permit or licence when the notice takes effect, the permit or licence is cancelled. (2) If the Registrar is required to give a person a notice under subsection (1), the Registrar may, in that notice or by subsequent written notice given to the person, require the person— (a) to attend, within a period specified in the notice, a lecture conducted pursuant to the regulations; and (b) to pay to the Registrar, in accordance with the notice, the attendance fee prescribed by the regulations. (3) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (2). (4) Notwithstanding the provisions of subsection (1), any notice given to a person under that subsection does not apply in relation to any unconditional licence held or sought by the person if the person held an unconditional licence when the offence giving rise to the notice was committed or allegedly committed. (5) Nothing in this section derogates from any provision of this Act, or any other Act, dealing with disqualification from holding or obtaining permits or licences, or suspension of permits or licences. 81BA—Safer Driver Agreements (1) If a person has been or is liable to be given a notice of disqualification under section 81B as a consequence of an offence committed or allegedly committed while the holder of a provisional licence, the person is entitled to enter into a Safer Driver Agreement in lieu of suffering the disqualification if— (a) the notice of disqualification related to an offence other than a serious disqualification offence; and (b) the person has not, within the preceding period of 5 years, entered into a Safer Driver Agreement in lieu of suffering a disqualification; and (c) the Magistrates Court has not, within the preceding period of 5 years, allowed an appeal by the person against a disqualification under section 81B. (2) A Safer Driver Agreement may be entered into by a person as follows: (a) the person must give notice to the Registrar, in accordance with the regulations, of the person's intention to enter into the Safer Driver Agreement— (i) within 21 days of the day specified in the notice of disqualification; or (ii) with the permission of the Registrar, within 28 days of the day specified in the notice of disqualification; (b) if the person has given notice in accordance with paragraph (a), the Safer Driver Agreement will be taken to have been entered into by the person— (i) 28 days after— (A) if the notice of disqualification was served personally on the person—the day on which the person was so served; or (B) in any other case—the day specified in the notice of disqualification; or (ii) if, on the day referred to in subparagraph (i), the person is already disqualified from holding or obtaining a licence or permit—on the termination of that prior disqualification. (3) If a Safer Driver Agreement is entered into by a person, the following provisions apply: (a) any licence that the person holds is cancelled and the person is, on application to the Registrar, entitled to a refund as if the person were surrendering the licence; (b) the disqualification is removed and the person is entitled to apply for a licence; (c) section 81A applies in relation to the person when applying for the licence as if, despite the removal of the disqualification, the person had been disqualified from holding or obtaining a licence as a consequence of the offence and were making the application at the end of the period of disqualification. (4) If— (a) a person who holds a provisional licence issued on an application referred to in subsection (3)(b) commits an offence of contravening a prescribed condition; or (b) a person expiates an offence allegedly committed while the holder of a provisional licence issued on an application referred to in subsection (3)(b), being an offence of contravening a prescribed condition; or (c) a person incurs demerit points in respect of an offence committed or allegedly committed while the holder of a provisional licence issued on an application referred to in subsection (3)(b), and, in consequence, the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of that licence equals or exceeds 4, (d) that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a permit or licence for a period of 12 months; and (e) that, if the person holds any licence when the notice takes effect, the licence is cancelled. (5) Nothing in this section derogates from any provision of this Act, or any other Act, dealing with disqualification from holding or obtaining permits or licences, or suspension of permits or licences. red light offence has the same meaning as in section 79B of the Road Traffic Act 1961; serious disqualification offence means— (a) an offence against the Criminal Law Consolidation Act 1935; or (b) an offence that attracts 4 or more demerit points; or (c) a speeding offence that attracts 3 or more demerit points, if committed by the holder of a licence who has, while holding that licence, previously been convicted of, or expiated, another speeding offence that attracted 3 or more demerit points; or (d) a combination of a red light offence and a speeding offence arising out of the same incident; or (e) any offence committed by the holder of a licence who has previously been disqualified from holding or obtaining a licence or learner's permit in this State; speeding offence has the same meaning as in section 79B of the Road Traffic Act 1961. 81BB—Appeals to Magistrates Court (1) Subject to subsection (2), if a person has been given a notice of disqualification under section 81B as a consequence of an offence committed or allegedly committed while the holder of a provisional licence or probationary licence, the person may appeal to the Magistrates Court against the disqualification. (2) A person is not entitled to appeal against a disqualification under this section if— (a) the person is, or was, entitled to elect to enter into a Safer Driver Agreement in accordance with section 81BA in lieu of suffering the disqualification; or (ab) the person has, within the preceding period of 5 years, been disqualified from holding or obtaining a permit or licence in accordance with section 81BA(4); or (b) the Magistrates Court has, within the preceding period of 5 years, allowed an appeal by the person against a disqualification under section 81B. (3) The appellant and the Crown are entitled to be heard upon an appeal against a disqualification under section 81B. (4) The Magistrates Court may allow an appeal if the Court is satisfied— (a) that, on the basis of evidence given on oath by or on behalf of the appellant, the disqualification would result in severe and unusual hardship to the appellant or a dependant of the appellant; and (b) if the Crown submits evidence (whether orally or in writing) as to previous offences relating to the appellant's use of a motor vehicle for which the appellant has been found guilty or that the appellant has expiated—that such evidence does not indicate that the appellant is a substantial risk to the appellant or to other members of the public. (5) The appellant's evidence must include evidence relating to the forms of transport that would be available to the appellant if the appeal were not allowed and why those forms of transport do not adequately meet the needs of the appellant or a dependant of the appellant. (6) Where an appeal against disqualification has been instituted under this section, the disqualification and any related cancellation are suspended until the determination or withdrawal of the appeal. (7) If the Magistrates Court allows an appeal by a person against a disqualification, the following provisions apply: (a) any licence that the person holds is cancelled and the person is, on application to the Registrar, entitled to a refund as if the person were surrendering the licence; (b) the disqualification is removed and the person is entitled to apply for a licence; (c) sections 81A and 81AB apply in relation to the person when applying for the licence as if, despite the removal of the disqualification, the person had been disqualified from holding or obtaining a licence as a consequence of the offence and were making the application at the end of the period of disqualification; (d) this Act applies in relation to the person when applying for the licence as if, despite the removal of the disqualification, the person had been disqualified from holding or obtaining a licence as a consequence of the offence and were making the application at the end of the period of disqualification; (g) if the licence issued to the person on the application referred to in paragraph (c) is a probationary licence, section 81AB(3) applies in relation to the person as if the reference in section 81AB(3) to 1 year was a reference to 18 months. (8) If— (a) a person who holds a provisional licence or probationary licence issued on an application referred to in subsection (7)(c) commits an offence of contravening a prescribed condition; or (b) a person expiates an offence allegedly committed while the holder of a provisional licence or probationary licence issued on an application referred to in subsection (7)(c), being an offence of contravening a prescribed condition; or (c) a person incurs demerit points in respect of an offence committed or allegedly committed while the holder of a provisional licence issued on an application referred to in subsection (7)(c), and, in consequence, the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of that licence equals or exceeds 4; or (ca) a person incurs demerit points in respect of an offence committed or allegedly committed while the holder of a probationary licence issued on an application referred to in subsection (7)(c) and, in consequence, the total number of demerit points recorded against the person in respect of offences committed or allegedly committed while the holder of that licence equals or exceeds 2, (d) that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a permit or licence for a period of 12 months; and (e) that, if the person holds any licence when the notice takes effect, the licence is cancelled. 81BC—Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961 (1) This section applies to the following offences: (a) an alleged offence against section 45C of the Road Traffic Act 1961; (b) an alleged offence against section 79B of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of that Act (a section 79B offence). (2) Subject to this section, if a person expiates an offence to which this section applies, the Registrar must, on becoming aware of that fact, give the person written notice that— (a) the person is disqualified from holding or obtaining a licence or learner's permit for the relevant period; and (b) if the person holds a licence or learner's permit when the notice takes effect—the licence or permit is suspended for the relevant period. (3) Subsection (2) does not apply— (a) if— (i) a section 45D notice has been given to the person in relation to the offence referred to in subsection (2); or (ii) in the case of an alleged offence against section 45C—no such notice has been given to the person but the Commissioner of Police has forwarded to the Registrar a request in writing that no notice be given to the person by the Registrar under subsection (2); or (ab) if the information available to the Registrar at the time indicates that the alleged offence is not a second or subsequent offence; or (b) in such other circumstances as may be prescribed by regulation. (3a) Where— (a) a person expiates an offence to which this section applies (the later offence); and (b) the information available to the Registrar at the time the Registrar becomes aware of that expiation indicates that it is not a second or subsequent offence; and (c) the Registrar subsequently becomes aware that the person has been convicted of or has expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and (d) the person would have received a notice under subsection (2) in respect of the later offence if the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence), the Registrar must, on becoming aware of those circumstances, give the person a notice under subsection (2) in respect of the later offence. (3b) The regulations may prescribe circumstances in which subsection (3a) will not apply or may modify the operation of subsection (3a) in prescribed circumstances. (4) Subsections (9), (10), (11) and (12) of section 45D of the Road Traffic Act 1961 apply to the withdrawal of a notice given under subsection (2) and for that purpose a reference in those provisions to a section 45D notice will be taken to be a reference to a notice under subsection (2) and a reference to the Commissioner of Police will be taken to be a reference to the Registrar. (5) If a person expiates an offence to which this section applies and a notice is given under subsection (2) but the expiation notice in respect of that offence is subsequently withdrawn, sections 45D(6), (7) and (8) and 45E of the Road Traffic Act 1961 apply in relation to the notice under subsection (2), and for that purpose a reference in those provisions to a section 45D notice will be taken to be a reference to a notice under subsection (2) and a reference to the Commissioner of Police in section 45E will be taken to include a reference to the Registrar. (6) Part 3E does not apply to a decision of the Registrar under this section. (7) For the purposes of this section, the relevant period for which a person is disqualified from holding or obtaining a licence or learner's permit, or for which a licence or learner's permit held by the person is suspended, by written notice under subsection (2)— (b) ends— (i) if the person given the notice under subsection (2) is notified in accordance with subsection (4) that the notice has been withdrawn; or (ii) if the expiation notice for the offence to which the notice under subsection (2) relates is withdrawn and the person given the notice under subsection (2) is notified in writing by or on behalf of the Commissioner of Police (whether that notification is given personally or by post) that the person— (A) is not to be charged with any offence to which this section applies arising out of the course of conduct to which the notice under subsection (2) relates; and (B) is not to be given an expiation notice in respect of such an offence; or (iii) in any event, at the end of 6 months from the commencement of the relevant period, less any period of disqualification or suspension that has applied, or is applicable, to the person under section 45D of the Road Traffic Act 1961 in respect of the offence to which the notice under this section relates. (8) In determining whether an offence to which this section applies is a second or subsequent offence for the purposes of this section— (a) in the case of an offence against section 45C, any previous offence against section 45C for which the person has been convicted or that the person has expiated will be taken into account; and (b) in the case of a section 79B offence, any previous section 79B offence for which the person has been convicted or that the person has expiated will be taken into account, but only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person within the period of 5 years immediately preceding the date on which the offence under consideration was committed. (8a) If a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly as if the Registrar had become aware of the expiations in that order). (8b) For the avoidance of doubt, a person may be given a notice under this section in relation to a second or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second or subsequent offence. (9) In this section— section 45D notice means a notice of licence disqualification or suspension under section 45D of the Road Traffic Act 1961. 81C—Disqualification for certain drink driving offences (1) This section applies to an alleged category 1 offence against section 47B(1) of the Road Traffic Act 1961 other than an offence where— (a) the vehicle involved is alleged to have been a prescribed vehicle within the meaning of section 47A of that Act; and (b) the concentration of alcohol in the blood of the person is alleged to have been less than .05 grams in 100 millilitres of blood. (2) If a person expiates an offence to which this section applies, the Registrar must, on becoming aware of that fact, give the person written notice— (a) that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for the relevant period being— (i) if the offence is a second offence—3 months; or (ii) if the offence is a third offence—6 months; or (iii) if the offence is a subsequent offence—12 months; and (b) that, if the person holds any licence or learner's permit when the notice takes effect, the licence or permit is cancelled. (3) Subsection (2) does not apply if the information available to the Registrar at the time indicates that the alleged offence is not a second, third or subsequent offence. (4) Where— (a) a person expiates an offence to which this section applies (the later offence); and (b) the Registrar subsequently becomes aware that the person has been convicted of or expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and (c) if the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence)— (i) the person would have been given a notice under subsection (2) disqualifying them from holding or obtaining a licence or learner's permit for the relevant period; or (ii) the relevant period for which the person would have been disqualified by the notice under subsection (2) would have been longer, the Registrar must, on becoming aware of that fact, give the person written notice that— (d) the person is disqualified from holding or obtaining a licence or learner's permit— (i) in a case where paragraph (c)(i) applies—for the relevant period; or (ii) in any other case—for the prescribed additional period; and (e) if the person holds a licence or learner's permit when the notice takes effect—the licence or permit is cancelled. (5) The regulations may prescribe circumstances in which subsection (4) will not apply or may modify the operation of subsection (4) in prescribed circumstances. (7) In determining whether an offence to which this section applies is a first, second, third or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the person has been convicted or that the person has expiated will be taken into account, but only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person within the prescribed period immediately preceding the date on which the offence to which this section applies is alleged to have been committed. (8) For the purposes of subsection (7), the prescribed period is— (a) in the case of a previous offence that is a category 1 offence—3 years; (b) in any other case—5 years. (9) For the purposes of this section, the prescribed additional period for which a person is disqualified from holding or obtaining a licence or learner's permit by written notice under subsection (4)— (b) ends at the end of the period equal to the difference between the following: (i) the relevant period for which the person would have been disqualified by the notice under subsection (2) if the person had been convicted of or expiated the previous offence before they expiated the later offence; (ii) the relevant period for which the person was disqualified by the notice given to them under subsection (2). (10) If a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly). (11) For the avoidance of doubt, a person may be given a notice under this section in relation to a second, third or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second, third or subsequent offence. 81D—Disqualification for certain drug driving offences (1) This section applies to an alleged offence against section 47BA(1) or (1a) of the Road Traffic Act 1961. (2) If a person expiates an offence to which this section applies the following provisions apply: (a) if the person was given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence and the offence is a first offence, the Registrar must, on becoming aware of the expiation of the offence, give the person written notice that, if the person holds any licence or learner's permit when the notice is given, the licence or permit is cancelled; (b) if the person was given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence (and it is not a first offence), the Registrar must, on becoming aware of the expiation of the offence, give the person written notice— (i) that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for the relevant period being— (A) if the offence is a second offence—9 months; or (B) if the offence is a third offence—1 year and 9 months; or (C) if the offence is a subsequent offence—2 years and 9 months; and (ii) that, if the person holds any licence or learner's permit when the notice takes effect, the licence or permit is cancelled; (c) in any other case—the Registrar must, on becoming aware of the expiation of the offence, give the person written notice— (i) that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for the relevant period being— (A) if the offence is a first offence—3 months; or (B) if the offence is a second offence—12 months; or (C) if the offence is a third offence—2 years; or (D) if the offence is a subsequent offence—3 years; and (ii) that, if the person holds any licence or learner's permit when the notice takes effect, the licence or permit is cancelled. (2a) Where— (a) a person expiates an offence to which this section applies (the later offence) and is given a notice under subsection (2)(a), (b) or (c) in respect of that offence; and (b) the Registrar subsequently becomes aware that the person has been convicted of or expiated another offence to which this section applies (the previous offence) that was committed or allegedly committed before the later offence; and (c) if the person had been convicted of or expiated the previous offence before they expiated the later offence (and if such information had been available to the Registrar at the time the Registrar became aware of the expiation of the later offence)— (i) the person would have been given a notice under subsection (2)(b) disqualifying them from holding or obtaining a licence or learner's permit for the relevant period; or (ii) the relevant period for which the person would have been disqualified by the notice under subsection (2)(b) or (c) would have been longer, the Registrar must, on becoming aware of that fact, give the person written notice that— (d) the person is disqualified from holding or obtaining a licence or learner's permit for the prescribed additional period; and (e) if the person holds a licence or learner's permit when the notice takes effect—the licence or permit is cancelled. (2b) The regulations may prescribe circumstances in which subsection (2a) will not apply or may modify the operation of subsection (2a) in prescribed circumstances. (3) In determining whether an offence to which this section applies is a first, second, third or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the person has been convicted or that the person has expiated will be taken into account, but only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person within the prescribed period immediately preceding the date on which the offence to which this section applies is alleged to have been committed. (4) For the purposes of subsection (3), the prescribed period is 5 years. (5) For the purposes of this section, the prescribed additional period for which a person is disqualified from holding or obtaining a licence or learner's permit by written notice under subsection (2a)— (b) ends at the end of the period equal to the difference between the following: (i) the relevant period for which the person would have been disqualified by the notice under subsection (2) if the person had been convicted of or expiated the previous offence before they expiated the later offence; (ii) the period for which the person was disqualified in respect of the offence by the notice given to them under subsection (2) or by the notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 or by both such notices (as the case may be). (6) If a person expiates more than 1 offence to which this section applies at the same time, the person will, for the purposes of this section, be taken to have expiated the offences sequentially in the order in which the offences were allegedly committed (and the offences may be dealt with under this section accordingly). (7) For the avoidance of doubt, a person may be given a notice under this section in relation to a second, third or subsequent offence regardless of whether or not the person had been convicted of or expiated the previous offence or offences at the time of commission of the second, third or subsequent offence. 81E—Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions disqualification means disqualification from holding or obtaining a licence or learner's permit; serious drink driving offence means any drink driving offence other than— (a) a category 1 offence; or (b) a category 2 offence that is a first offence. (2) In determining whether a category 2 offence is a first offence for the purposes of this section, any previous drink driving offence (other than a category 1 offence) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed. (3) Subject to subsection (4), if a person who applies for a licence— (a) has been disqualified from holding or obtaining a licence by order of a court on conviction for a serious drink driving offence committed on or after the commencement of this section; and (b) the person has not held a licence since the end of the period of disqualification, a licence issued to the person will be subject to the mandatory alcohol interlock scheme conditions (in addition to any conditions otherwise required) until— (c) the conditions have been effective for the following period (the prescribed minimum period): (i) in the case of a person who has been given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence— (A) subject to subsubparagraph (AB), a period equal to the aggregate of the period of licence disqualification or suspension that has applied as a result of the notice and the period of disqualification for the offence ordered by the court; or (AB) in the case of an order made under section 47IAA(9)(e)(i) of the Road Traffic Act 1961—the period equal to the period of disqualification for the offence ordered by the court; or (B) a period of 3 years, whichever is the lesser; (ii) in any other case— (A) a period equal to the period of disqualification for the offence ordered by the court; or (B) a period of 3 years, whichever is the lesser; and (d) the person qualifies for the issue of a licence that is not subject to the mandatory alcohol interlock scheme conditions in accordance with subsection (5). (4) If the applicant satisfies the Registrar, on such evidence as the Registrar may require, that prescribed circumstances exist in the particular case, a licence issued to the applicant will not be subject to the mandatory alcohol interlock scheme conditions. (5) The holder of a licence subject to the mandatory alcohol interlock scheme conditions qualifies for the issue of a licence not subject to such conditions if— (a) the conditions have been effective for the prescribed minimum period; and (b) the Registrar is satisfied that, during the immediately preceding period of 3 months, the alcohol interlock fitted to the nominated vehicle for the person has not recorded any incidents of a kind specified in a notice by the Minister in the Gazette. (6) For the purposes of this section, in determining whether the mandatory alcohol interlock conditions of a person's licence have been effective for the prescribed minimum period, the following periods are not to be taken into account: (a) any period during which an alcohol interlock was not fitted to the nominated vehicle for the person; (b) any period during which there was no nominated vehicle for the person; (c) any period during which the person's licence was suspended under this Act or another law of this State (unless the suspension came into operation before the commencement of this paragraph). 81F—Mandatory alcohol interlock scheme conditions (1) The mandatory alcohol interlock scheme conditions to which a licence is subject are as follows: (a) a condition that the holder of the licence must not drive a motor vehicle on a road other than a motor vehicle that the person has nominated to the Registrar in accordance with this section; (b) a condition that the holder of the licence must not drive the nominated vehicle on a road unless it is fitted with a properly functioning alcohol interlock that has been installed by an approved alcohol interlock provider; (c) a condition that the nominated vehicle must only be operated in accordance with instructions published by the Minister by notice in the Gazette; (d) a condition that the holder of the licence must not interfere with the alcohol interlock, or cause or permit the alcohol interlock to be interfered with; (e) a condition that the holder of the licence must, when driving the nominated vehicle on a road, carry in the vehicle a certificate, in a form approved by the Minister, issued by an approved alcohol interlock provider certifying that the alcohol interlock fitted to the vehicle was properly functioning when the vehicle was last examined by the provider; (f) a condition that the holder of the licence must, if required to do so by a police officer or an authorised officer when the nominated vehicle is in the person's charge on a road, produce the certificate for inspection by the officer; (g) a condition that the holder of the licence must produce the nominated vehicle for examination by an approved alcohol interlock provider at times and places from time to time fixed by the Registrar by notice given to the person in a manner and form determined by the Minister; (h) a condition that the holder of the licence must comply with any requirements prescribed by the regulations. (2) A motor vehicle must be nominated by the person in the person's application for the licence, or by written notice to the Registrar, by specifying the vehicle's registration number and any other details required by the Registrar. (3) Nomination of a motor vehicle by the person is of no effect if the vehicle is a nominated vehicle for any other person. (4) A motor vehicle ceases to be a nominated vehicle for the person if the nomination is withdrawn by the person or, if the person is not the registered owner of the vehicle, by the registered owner, by written notice to the Registrar. (5) In this section— authorised officer does not include— (a) an authorised person as defined in the Local Government Act 1999; or (b) any other person who is not an employee in the public service. 81G—Cessation of licence subject to mandatory alcohol interlock scheme conditions (1) If a person voluntarily surrenders a licence subject to the mandatory alcohol interlock scheme conditions or ceases to hold such a licence for any other reason before the person qualifies for the issue of a licence not subject to such conditions in accordance with section 81E, a licence subsequently issued to the person will be subject to the conditions until— (a) the aggregate of the periods for which the conditions have applied in relation to the person equals the prescribed minimum period specified in section 81E; and (b) the person qualifies for the issue of a licence not subject to the conditions in accordance with that section. (2) For the purposes of subsection (1)— (a) a person ceases to hold a licence if the licence is suspended under this Act or another law of this State; (b) in determining a period for which mandatory alcohol interlock scheme conditions have applied in relation to a person, any period during which the person's licence has been suspended under this Act or another law of this State is not to be taken into account (unless the suspension came into operation before the commencement of this subsection). 81H—Contravention of mandatory alcohol interlock scheme conditions (1) The holder of a licence subject to the mandatory alcohol interlock scheme conditions must not contravene any of the conditions. (2) A person must not assist the holder of a licence subject to the mandatory alcohol interlock scheme conditions to operate a motor vehicle, or interfere with an alcohol interlock, in contravention of any of the conditions. (3) In proceedings for an offence against this section, an apparently genuine document purporting to be a certificate signed by the Registrar certifying that— (a) a specified motor vehicle was or was not, or no vehicle was, at a specified time, a nominated vehicle for a specified person; or (b) a written notice was served on a specified person fixing specified times and places at which a specified motor vehicle must be produced for examination by an approved alcohol interlock provider, will be accepted as proof of the matters stated in the certificate in the absence of proof to the contrary. (4) In proceedings for an offence against this section, an apparently genuine document purporting to be a certificate signed by the Registrar certifying that an alcohol interlock fitted to a specified motor vehicle recorded electronically that the vehicle was operated at a specified time in contravention of an instruction published by the Minister by notice in the Gazette will be accepted as proof that the vehicle was operated at that time in contravention of that instruction in the absence of proof to the contrary. (5) Subsection (4) does not apply unless it is proved that the alcohol interlock fitted to the motor vehicle was tested by an approved alcohol interlock provider (or an employee of an approved alcohol interlock provider) not more than the prescribed number of days before and not more than the prescribed number of days after the time of the vehicle's operation specified in the certificate and found on each occasion to be properly functioning. (6) In proceedings for an offence against this section, an apparently genuine document purporting to be a certificate signed by an approved alcohol interlock provider (or an employee of an approved alcohol interlock provider) certifying that— (a) an alcohol interlock was, on a specified date, installed in a specified motor vehicle; or (b) an alcohol interlock fitted to a specified motor vehicle was tested by that person on a specified day and found to be properly functioning; or (c) an alcohol interlock was, on a specified date, removed from a specified motor vehicle, will be accepted as proof of the matters stated in the certificate in the absence of proof to the contrary. (7) In proceedings for an offence against this section, if it is proved that— (a) a specified motor vehicle was operated at a specified time in contravention of an instruction published by the Minister by notice in the Gazette; and (b) the vehicle was a nominated vehicle for a specified person at that time, it will be presumed, in the absence of proof to the contrary, that the vehicle was so operated by that person at that time. (8) In proceedings for an offence against this section, an apparently genuine document purporting to be a certificate signed by the Registrar certifying that a specified motor vehicle was not produced for examination by an approved alcohol interlock provider at a specified time and place will be accepted as proof of the matters stated in the certificate in the absence of proof to the contrary. 82—Vehicle offences and unsuitability to be granted or hold licence or permit (1) The Registrar may— (a) refuse to issue a licence or learner's permit to a person or to renew a person's licence or learner's permit; or (b) suspend a person's licence or learner's permit for a specified period; or (c) cancel a person's licence and issue in its place a probationary or provisional licence subject to probationary or provisional licence conditions effective for a specified period; or (d) cancel a person's licence or learner's permit, if the person has been convicted of or has expiated an offence, or series of offences, involving the use of a motor vehicle (whether in this State or elsewhere) such that it appears that the person should not hold a licence or permit, or should hold a licence subject to conditions, in order to prevent accident or injury or a repetition of the offence or offences by the person. (2) If the Registrar has refused to issue a licence or permit to a person, or to renew a person's licence or permit, or has cancelled a person's licence or permit, in accordance with this section, the Registrar may refuse to consider further applications by the person for the issue or renewal of a licence or permit if— (a) it appears to the Registrar that the person is acting in a frivolous or vexatious manner in making the applications; or (b) the person has failed to provide evidence that satisfies the Registrar that it no longer appears that the person should not hold a licence or permit in order to prevent accident or injury or a repetition of the offence or offences by the person. 83—Consequences of certain orders or administrative actions outside State (a) the Registrar becomes aware that, under a law of another State or Territory of the Commonwealth, an order has been made or administrative action has been taken that affects a person's licence or other authority to drive a motor vehicle in that State or Territory; and (b) the person holds a licence or learner's permit, the Registrar must take such action in relation to the licence or permit as may be necessary to give effect to the order or administrative action as if it had been made or taken in this State in relation to the licence or permit. (2) If the Registrar becomes aware that, under a law of another State or Territory of the Commonwealth, an order has been made or administrative action has been taken that results in— (a) a person's licence or other authority to drive a motor vehicle in that State or Territory being suspended; or (b) a person being disqualified from holding or obtaining a licence or other authority to drive a motor vehicle in that State or Territory, the Registrar must refuse to issue a licence or learner's permit to the person during the period of suspension or disqualification. (a) the Registrar becomes aware that, under a law of another country, an order has been made or administrative action has been taken that affects a person's licence or other authority to drive a motor vehicle in that country; and (b) the person holds a licence or learner's permit, the Registrar may take such action in relation to the licence or permit as may be necessary to give effect to the order or administrative action as if it had been made or taken in this State in relation to the licence or permit. (4) If the Registrar becomes aware that, under a law of another country, an order has been made or administrative action has been taken that results in— (a) a person's licence or other authority to drive a motor vehicle in that country being suspended; or (b) a person being disqualified from holding or obtaining a licence or other authority to drive a motor vehicle in that country, the Registrar may refuse to issue a licence or learner's permit to the person during the period of suspension or disqualification. 84—Cancellation of licence or permit where issued in error If the Registrar is satisfied that a licence or learner's permit has been issued or renewed in error, the Registrar may cancel the licence or permit. 85—Procedures for suspension, cancellation or variation of licence or permit (1) If the Registrar decides to exercise a power to suspend, cancel or (otherwise than on the person's application) vary a person's licence or learner's permit, the Registrar must give the person notice in a manner and form determined by the Minister of— (a) the reasons for the suspension, cancellation or variation; and (b) any action required to be taken to have the suspension removed or to avoid the cancellation or variation; and (c) the date on which the licence or permit is to be suspended, cancelled or varied; and (d) the right to apply for a review of the decision. (2) This section does not apply where the Registrar is required, under any Act or law, to exercise a power to suspend, cancel or vary a person's licence or learner's permit. 91—Effect of suspension and disqualification (1) This section and section 93 apply to suspensions and disqualifications imposed under this or any other Act. (2) While a licence or learner's permit is suspended it has no force or effect. (3) Subject to section 81B(4), while a person is disqualified from holding and obtaining a licence or learner's permit, any licence or learner's permit held or obtained by that person has no force or effect. (4) The Registrar must not issue a licence or learner's permit to any person who is so disqualified. (5) A person must not drive a motor vehicle on a road while the person's licence or learner's permit is suspended under section 38 of the Fines Enforcement and Debt Recovery Act 2017. (a) in the case of a first offence—imprisonment for 6 months; or (b) in the case of a subsequent offence—imprisonment for 2 years. (5a) A person must not drive a motor vehicle on a road while the person's licence or learner's permit is suspended (other than under section 38 of the Fines Enforcement and Debt Recovery Act 2017) or while disqualified in this State or another State or Territory of the Commonwealth from holding or obtaining a licence or learner's permit. (a) in the case of a first offence—imprisonment for 12 months; or (b) in the case of a subsequent offence—imprisonment for 3 years. (6) Subsection (5a) does not apply to a person driving a motor vehicle on a road in accordance with an unconditional licence to which the disqualification does not apply in accordance with section 81B(4). 93—Notice to be given to Registrar (1) If a court— (a) convicts a person of an offence that attracts demerit points under this Act; or (b) finds a person guilty of the offence of contravening or failing to comply with a condition of a permit or licence under this Act; or (c) makes an order affecting demerit points or disqualifying a person from holding or obtaining a driver's licence; or (d) makes an order under section 45E or 47IAB of the Road Traffic Act 1961; or (da) makes an order under section 47J(9) of the Road Traffic Act 1961 revoking a disqualification; or (e) makes an order modifying a person's driver's licence, the proper officer of the court must notify the Registrar in writing of the date of the finding or order, the nature and effect of the finding or order and short particulars of the grounds on which the finding or order was made. (2) If any such finding or order is quashed or varied by a court on appeal, the proper officer of the court must forthwith notify the Registrar in writing of the date of the order made on the appeal and the effect of the order. (3a) If a person expiates an offence that— (a) attracts demerit points under this Act; or (b) is an offence of contravening a condition of a learner's permit, probationary licence or provisional licence, the Commissioner of Police, the issuing authority (within the meaning of the Expiation of Offences Act 1996) or the Chief Recovery Officer (whoever first becomes aware that the person has expiated the offence) must send to the Registrar notice in writing of the expiation. (3b) Where the Commissioner of Police withdraws an expiation notice in relation to which notice under subsection (3a) has been given, the Commissioner must, by further notice in writing, advise the Registrar forthwith of the withdrawal and the grounds upon which the withdrawal was made. (3c) If a person is, for the purposes of subsection (3a), taken to have expiated an offence to which that subsection applies on the making of an enforcement determination under the Fines Enforcement and Debt Recovery Act 2017 and the enforcement determination is subsequently revoked under that Act— (a) in the case of revocation by a court—the court; or (b) in any other case—the Chief Recovery Officer, must forthwith notify the Registrar in writing of the revocation. proper officer means— (a) in relation to the Supreme Court, the registrar of that court; (b) in relation to any other court, the clerk of that court. 94—Administrative errors and notices of disqualification (1) If, as a result of an administrative error, a notice of disqualification is not given to a person by the Registrar within 12 months after the person became liable to be given that notice of disqualification under this Act, the Registrar must not give the notice of disqualification to the person (despite any other provision of this Act). (2) For the purposes of subsection (1) (and despite section 139BD), the Registrar will be taken to have given a notice of disqualification to a person if the Registrar has sent such a notice to the person by post, even if the person has failed to comply with a requirement made under section 139BD(3) within the period specified in the notice. notice of disqualification has the same meaning as in section 139BD. 96—Duty to produce licence or permit (1) The driver of a motor vehicle, if requested by a police officer to produce the driver's licence or learner's permit, must produce the licence or learner's permit either— (b) within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request. (2) A document purporting to be signed by the Commissioner of Police and purporting to certify that a licence or learner's permit has not been produced as required by this section is, in the absence of proof to the contrary, proof of the matter purporting to be so certified. (3) A person must not falsely represent to a police officer that the person is the person named in a licence or learner's permit. driver includes— (a) a person sitting next to the holder of a learner's permit in a vehicle being driven by the holder of the permit; (b) a person being carried as a passenger on, or in a sidecar attached to, a motor bike being driven by the holder of a learner's permit; police officer includes an authorised officer. 97—Duty to produce licence or permit at court (1) A driver who holds a licence or learner's permit and is charged with an offence against any provision of any Act relating to motor vehicles must, if so required by the court, a police officer or the Registrar, produce the driver's licence or learner's permit to the court at the time of the hearing of the charge. (2) It is a defence to a charge under this section to prove that the defendant had a reasonable excuse for not producing the licence or learner's permit. 97A—Visiting motorists (1) Subject to this section, a person may drive a motor vehicle on roads in this State without holding a licence under this Act if— (a) the person holds— (i) an interstate licence or interstate learner's permit that authorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; or (ii) an interstate licence or interstate learner's permit and an exemption under a law of the place where the licence or permit was issued from the requirement to hold a driver's licence that authorises the driving of a motor vehicle of the class to which that motor vehicle belongs; or (iii) — (A) a foreign licence that authorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; and (B) an international driving permit; or (iv) a foreign driver's licence that— (A) authorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; and (B) is written in English or is accompanied by an English translation; and (b) — (i) in the case of a person who holds an interstate licence or interstate learner's permit— (A) the person has not resided in this State for a continuous period of more than three months; or (B) the person has resided in this State for a continuous period of more than three months but also holds a valid Driver Identification Document issued by the Commonwealth Department of Defence; or (ii) in the case of a person who holds a foreign licence and is a permanent resident or citizen of Australia—the person has not resided in this State for a continuous period of more than 3 months; and (c) the person is not disqualified from holding or obtaining— (i) an interstate licence or interstate learner's permit in any State or Territory of the Commonwealth; or (ii) a foreign licence in any country. (2) If the Registrar is of the opinion that— (a) a person to whom subsection (1) applies is not suitable to drive a motor vehicle in this State; or (b) the ability of a person to whom subsection (1) applies to drive a motor vehicle safely is impaired due to a permanent or long-term injury or illness, the Registrar may give the person notice in writing— (c) prohibiting the person from driving a motor vehicle on roads in this State without holding a driver's licence issued under this Act while the notice is in force; and (d) stating the reasons for the giving of the notice; and (e) specifying any action that may be taken by the person to regain the benefit of subsection (1); and (f) advising of the right to apply for a review of the decision. (2a) The Registrar may revoke a notice under subsection (2) by further notice in writing to the person. (2b) If the Registrar gives a person a notice under subsection (2), subsection (1) does not apply to the person while the notice is in force. (2c) If the Chief Recovery Officer determines under section 40 of the Fines Enforcement and Debt Recovery Act 2017 that the operation of this section is suspended insofar as it applies to a specified person, subsection (1) does not apply to the person while the determination is in force. (3) A person when driving a vehicle in this State pursuant to subsection (1) must carry the licence or permit and must produce it if requested to do so by— (a) a police officer; or (b) an authorised officer. (4) If a person drives a vehicle in this State pursuant to subsection (1)— (a) the person's licence or permit will, for the purposes of section 74 and any other prescribed law, be taken to be a licence or permit (as the case may be) under this Act; and (b) the licence or permit is subject to any conditions that apply to the licence or permit in the jurisdiction in which it was issued (other than conditions that apply only in circumstances that are unique to that other jurisdiction or that are prescribed by the regulations) and such conditions are enforceable as if they were imposed under this Act; and (c) the licence or permit will, for the purposes of a contract or policy of insurance relating to the vehicle, be taken to be a licence or permit under this Act. (5) A reference in subsection (3) or (4) to a person's licence or permit includes a reference to any exemption, international driving permit or Driver Identification Document that the person is required to hold under subsection (1) in addition to an interstate licence, interstate permit or foreign licence. Contracting State means a foreign country that is a signatory to the United Nations Convention on Road Traffic, Geneva, 1949; international driving permit means a permit issued by— (a) a competent authority of a Contracting State or a subdivision of such a State; or (b) an association duly empowered by such an authority, in accordance with the United Nations Convention on Road Traffic, Geneva, 1949; interstate learner's permit includes a licence issued under the law of New Zealand that corresponds to a learner's permit under this Act; permanent resident means a person who holds a current permanent visa under the Migration Act 1958 of the Commonwealth. 98AAA—Duty to carry licence when driving heavy vehicle (1) A person must carry the person's driver's licence at all times while driving a heavy vehicle on a road and must produce the licence forthwith if requested to do so by a police officer. (1a) In subsection (1)— police officer includes an authorised officer. (2) It is a defence to a charge of an offence against this section if it is proved that the vehicle was being used on a journey wholly— (a) within a radius of 80 kilometres from a farm occupied by the driver of the vehicle; and (b) outside Metropolitan Adelaide within the meaning of the Development Act 1993. 98AA—Duty to carry licence when teaching holder of learner's permit to drive The holder of a motor driving instructor's licence must display the licence on the holder's person at all times— (a) when seated next to the holder of a learner's permit in a vehicle being driven by the holder of the permit; or (b) when carried as a passenger on, or in a sidecar attached to, a motor bike being driven by the holder of a learner's permit. 98AAB—Duty to carry probationary licence, provisional licence or learner's permit A person who holds a probationary licence, provisional licence or learner's permit must carry the licence or permit at all times while driving a motor vehicle and must produce the licence or permit immediately if requested to do so by a police officer. 98AAC—Issue of duplicate licence or learner's permit On application by the holder of a licence or learner's permit and payment of the prescribed fee, the Registrar may, if satisfied that the licence or learner's permit has been lost, stolen or destroyed, or on the surrender of the licence or permit to the Registrar, issue to the holder a duplicate licence or learner's permit. 98AAD—Licence or learner's permit falsely obtained is void (1) A licence or learner's permit that is issued or renewed by the Registrar on the basis of a false or misleading statement of the applicant or false or misleading evidence produced by the applicant is void and of no effect. (2) A person must not, without lawful excuse, have possession of a licence or learner's permit that was issued or renewed by the Registrar on the basis of a false or misleading statement of the applicant or false or misleading evidence produced by the applicant. 98AAE—Licence or learner's permit unlawfully altered or damaged is void (1) If a person, without lawful authority, wilfully alters, defaces or otherwise damages a licence or learner's permit— (a) the person is guilty of an offence and liable to a fine not exceeding $2 500; and (b) the licence or permit is void and of no effect. (2) A person who, without lawful authority, possesses a licence or learner's permit that has been wilfully altered, defaced or damaged is guilty of an offence. 98AAF—Duty on holder of licence or learner's permit to notify illness etc The holder of a licence or learner's permit who, during the term of the licence or permit, suffers any illness or injury that may impair the holder's competence to drive a motor vehicle without danger to the public must, within a reasonable time after the occurrence of the illness or injury, notify the Registrar in writing of that fact. 98AAG—Exemptions for Aboriginal persons in remote areas (1) Subject to this section, the Minister may, by instrument in writing or by notice in the Gazette— (a) exempt a specified person, or a person of a specified class, from specified provisions of this Part subject to such conditions as the Minister thinks fit and specifies in the instrument or notice of exemption; or (b) vary or revoke an exemption, or a condition of an exemption, under this section or impose a further condition. (2) An exemption under this section may only be granted for the purpose of enabling an Aboriginal person who ordinarily resides in a remote area to obtain a licence under this Act. (3) An exemption under this section expires when the person to whom the exemption applies is issued with an unconditional licence under this Act. Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent; remote area means— (a) the lands as defined in the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or (b) the lands as defined in the Maralinga Tjarutja Land Rights Act 1984; or (c) lands prescribed by regulation.