89CCancellation of licence or permit for drink-driving infringements

89C Cancellation of licence or permit for drink-driving infringements

S. 89C(1) amended by Nos 23/2001 s. 14(1), 92/2001 s. 25, 46/2002 s. 10(a), 94/2003 s. 8(29), 81/2006 s. 19(3)(f), 5/2016 s. 36(Sch. 1 item 49(a)(b)), substituted by No. 68/2017 s. 12(1).

(1) Any driver licence or learner permit held by a person is cancelled and the person is disqualified from obtaining one for the period set out in subsection (2) or (2A) if—

(a) a traffic infringement notice has been issued to the person in respect of a drink-driving infringement; and

(b) no notice of objection to the infringement notice has been given and the 28 day period has expired.

Note to s. 89C(1) amended by No. 6/2020 s. 8.

The period for which the person is disqualified from obtaining a driver licence or learner permit is reduced if the person's licence was already suspended in accordance with a notice under section 85B (see section 85D(3)).

S. 89C(1A) inserted by No. 49/2014 s. 32(1), repealed by No. 68/2017 s. 12(1).

S. 89C(2) amended by No. 23/2001 s. 14(2), repealed by No. 46/2002 s. 10(b),
new s. 89C(2) inserted by No. 49/2014 s. 32(1), amended by No. 5/2016 s. 36(Sch. 1 item 49(c)), substituted by No. 68/2017 s. 12(1).

(2) The period for which the person is disqualified from obtaining a driver licence or learner permit is 3 months if—

(a) the blood or breath alcohol concentration specified in the notice is 0∙05 grams or more but less than 0∙07 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); and

(b) at the time of the infringement—

(i) the person was 26 years of age or older; and

(ii) section 52 did not apply to the person.

S. 89C(2A) inserted by No. 68/2017 s. 12(1).

(2A) In any other case, the period for which the person is disqualified from obtaining a driver licence or learner permit is the period ascertained in accordance with Column 2 of Schedule 1 by reference to the blood or breath alcohol concentration specified in the notice.

S. 89C(3) amended by Nos 5/1990 s. 15(7), 23/2001 s. 14(3), repealed by No. 46/2002 s. 10(b).

S. 89C(3A) inserted by No. 57/1998 s. 17(1), amended by Nos 46/2002 s. 10(c), 49/2014 s. 32(2), 5/2016 s. 36(Sch. 1 item 49(d)).

(3A) If a person to whom a traffic infringement notice has been issued in respect of a drink-driving infringement—

S. 89C(3A)(a) amended by No. 68/2017 s. 50.

(a) is authorised under the regulations to drive a motor vehicle on a highway because he or she holds an appropriate licence or permit issued in another State, Territory or country; and