17Penalties for drink-driving offences, &c.

17 Penalties for drink-driving offences, &c.

[Section 17 Substituted by No. 94 of 1975, s. 14 ][Section 17 Amended by No. 96 of 1976, s. 15 ][Section 17 Amended by No. 13 of 1987, s. 5 ][Section 17 Substituted by No. 44 of 1991, s. 11 ][Section 17 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  For the purposes of this section –

(a) the Table means the Table at the end of this section; and

(b) [Section 17 Subsection (1) amended by No. 68 of 2007, s. 10, Applied:19 Dec 2007] [Section 17 Subsection (1) amended by No. 84 of 2009, s. 5, Applied:01 Jan 2010] a person is guilty of a subsequent offence if that person has previously been convicted of an offence under section 4 , section 6 , section 6A(1) or section 14(5) or an offence in respect of a failure to comply with a requirement made under section 10 (4) or section 10A(1) or (1A) .

(2)  The application of this section does not extend to an offence committed before the commencement of the Road Safety (Alcohol and Drugs) Amendment Act 1991 .

(3)  Subject to subsection (5) , a court that convicts a person of an offence specified in column 1 of the Table –

(a) must –

(i) impose a fine of an amount not less than the minimum amount shown in the Table and not more than the maximum amount shown in the Table; or

(ii) impose a term of imprisonment for a term not exceeding the term shown in the Table; or

(iii) impose both that fine and that term of imprisonment; and

(b) must, in addition, disqualify the person from driving for a period not less than the minimum period shown in the Table and not more than the maximum period shown in the Table.