31ACertain disqualified persons require licence eligibility order before applying for licence or permit

31A Certain disqualified persons require licence eligibility order before applying for licence or permit S. 31A(1) amended by No. 49/2019 s. 116(Sch. 1 item 58). (1) A person to whom this section applies may only make an application to the Secretary for the grant of a driver licence or learner permit if the Magistrates' Court has made a licence eligibility order in respect of him or her. Note to s. 31A(1) inserted by No. 49/2014 s. 16(2). Under section 28B it is an offence for a person disqualified from obtaining a driver licence or learner permit to apply for, or obtain, one. S. 31A(2) substituted by No. 7/2019 s. 11. (2) Subject to subsection (3), this section applies to a person— (a) who has been disqualified from obtaining a driver licence or learner permit under— (i) section 50 in respect of an offence under section 49(1)(a) involving only a drug or under section 49(1)(ba), (bb), (ca), (ea), (eb), (h) or (i); or (ii) section 89 of the **Sentencing Act 1991**; or (b) who has been disqualified from driving a motor vehicle on a road in Victoria under section 89 of the **Sentencing Act 1991** and, by force of section 3AD, is to be taken to have been disqualified from obtaining a driver licence or learner permit. Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) of the **Sentencing Act 1991** is not disqualified for the purposes of this section. S. 31A(3) substituted by No. 49/2014 s. 16(3). (3) This section does not apply to a person to whom section 31KA applies. S. 31B inserted by No. 56/2013 s. 3.