19Special hardship orders

### 19 Special hardship orders > *\[Section 19 Substituted by No. 94 of 1975, s. 15 \]* > > > (1)  [*\[Section 19 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC9@Hph@EN) *\[Section 19 Subsection (1) amended by No. 96 of 1976, s. 15 \]**\[Section 19 Subsection (1) substituted by No. 44 of 1991, s. 13 \]*Except as provided by this section, section 18 of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-9999-999) applies to the conviction of a person for an offence under this Act as it would apply if that offence were an offence under that Act. > > > (1A)  [*\[Section 19 Subsection (1A) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC10@Hpa@EN) *\[Section 19 Subsection (1A) inserted by No. 44 of 1991, s. 13 \]*No order is to be made under section 18 of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-9999-999) in respect of a conviction for an offence under this Act if– > > > > > > (a) [*\[Section 19 Subsection (1A) amended by No. 68 of 1997, s. 10, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS10@Hpa@EN) the offence was committed during any period of disqualification or within 3 years after the end of any period of disqualification imposed under this Act; or > > > > > > > (b) [*\[Section 19 Subsection (1A) amended by No. 28 of 2005, s. 15, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS15@Hpb@EN) [*\[Section 19 Subsection (1A) amended by No. 28 of 2005, s. 15, Applied:01 Feb 2006\]*](/view/html/inforce/2006-02-01/act-2005-028#GS15@Hpa@EN) the offence was under [section 6](#GS6@EN) where the offender had alcohol in his or her breath or blood of a concentration equal to or greater than 0·15 of a gram of alcohol in 210 litres of breath or equal to or greater than 0·15 of a gram of alcohol in 100 millilitres of blood; or > > > > > > > (c) the offence was under [section 4](#GS4@EN) ; or > > > > > > > (d) the offence was under [section 14](#GS14@EN) [(5)](#GS14@Gs5@EN) ; or > > > > > > > (e) [*\[Section 19 Subsection (1A) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC10@Hpb@EN) [*\[Section 19 Subsection (1A) amended by No. 18 of 2005, s. 14, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS14@EN) except in the case of an offence against [section 6A](#GS6A@EN) , the offender was the holder of a learner licence or a provisional licence; or > > > > > > > (ea) [*\[Section 19 Subsection (1A) amended by No. 68 of 1997, s. 10, Applied:01 Mar 1998\]*](/view/html/inforce/1998-03-01/act-1997-068#GS10@Hpb@EN) [*\[Section 19 Subsection (1A) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC10@Hpc@EN) [*\[Section 19 Subsection (1A) amended by No. 18 of 2005, s. 14, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2005-018#GS14@EN) [*\[Section 19 Subsection (1A) amended by No. 38 of 2017, s. 36, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS36@Hpa@EN) except in the case of an offence against [section 6A](#GS6A@EN) , at the time of the offence the offender was not authorised under an Australian driver licence to drive the vehicle in respect of which the offence was committed or cannot satisfy the court that he or she would, but for an unintentional failure to comply with an administrative requirement within the preceding 6-month period, have been so authorised to drive that vehicle at that time; or > > > > > > > (f) [*\[Section 19 Subsection (1A) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000\]*](/view/html/inforce/2000-06-26/act-1997-053#JS1@Ja4@GC4@EN) the offender was driving a prescribed vehicle at the time of the offence; or > > > > > > > (g) the offence was in respect of a failure to comply with a requirement made under [section 10](#GS10@EN) [(4)](#GS10@Gs4@EN) or [10A](#GS10A@EN) [(1)](#GS10A@Gs1@EN) . > > > (1B)  [*\[Section 19 Subsection (1B) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC10@Hpe@EN) [*\[Section 19 Subsection (1B) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC10@Hpd@EN) *\[Section 19 Subsection (1B) inserted by No. 44 of 1991, s. 13 \]*If an order is made under section 18 of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-9999-999) in respect of a conviction for an offence under this Act, the Court may increase the period of disqualification from driving remaining at the time the order is made by an amount not exceeding the period so remaining. > > > (1C)  *\[Section 19 Subsection (1C) inserted by No. 44 of 1991, s. 13 \]*The application of [subsections (1A)](#GS19@Gs1A@EN) and [(1B)](#GS19@Gs1B@EN) does not extend to an offence committed before the commencement of the [Road Safety (Alcohol and Drugs) Amendment Act 1991](/view/html/inforce/2026-04-12/act-9999-999) . > > > (2)  [*\[Section 19 Subsection (2) amended by No. 30 of 2021, s. 9, Applied:01 Mar 2022\]*](/view/html/inforce/2022-03-01/act-2021-030#GS9@EN) [*\[Section 19 Subsection (2) amended by No. 38 of 2017, s. 36, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS36@Hpb@EN) [*\[Section 19 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC10@Hph@EN) [*\[Section 19 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC10@Hpg@EN) [*\[Section 19 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja21@GC10@Hpf@EN) *\[Section 19 Subsection (2) amended by No. 96 of 1976, s. 15 and Sched. II \]*Without prejudice to the generality of the provisions of [section 18(5)(c) of the](/view/html/inforce/2026-04-12/act-9999-999#) [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-9999-999) it shall be deemed to be contrary to the public interest to make an order authorizing the granting of a restricted driver licence to a person suffering from alcohol dependency, and the court may refuse to make such an order in respect of a person who is disqualified from driving as a consequence of a conviction of an offence under this Act, [section 41 of the](/view/html/inforce/2026-04-12/act-1925-038#GS41@EN) [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) or [section 53 of the](/view/html/inforce/2026-04-12/act-1999-070#GS53@EN) [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) unless the court is satisfied on the evidence of a medical practitioner approved by the court that that person is not so suffering from alcohol dependency. > > > (3)  For the purposes of [subsection (2)](#GS19@Gs2@EN) , a report in writing purporting to be signed by a medical practitioner may be received in evidence without proof of the signature of the medical practitioner; but the court may in any case require him to be called to give oral evidence. > > > (4)  Where, in pursuance of the directions of the court, any such report as is referred to in [subsection (3)](#GS19@Gs3@EN) is tendered in evidence, otherwise than by or on behalf of the person on whom it is made, then – > > > > > > (a) if that person is represented by counsel, a copy of the report shall be given to his counsel; > > > > > > > (b) if he is not so represented, the substance of the report shall be disclosed to him; and > > > > > > > (c) in any case, he, or the person by whom he is represented, may require the medical practitioner by whom the report is signed to be called to give oral evidence. > > > (5)  The court may order that the person on whom a report is made by a medical practitioner for the purposes of this section shall pay the whole or a portion of the costs of the report and the examination on which it is made, to the extent that those costs exceed such sum as may be prescribed, and shall specify in that order the person to whom those costs are to be paid; and that order has the like effect as if that person on whom the report was made and the person to whom the costs are ordered to be paid were respectively defendant and complainant in proceedings before the court.