Road Transport Act 2013
207Effect of disqualification
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207 Effect of disqualification
207 Effect of disqualification
(cf Gen Act, s 189)
(1) If, as a consequence of being convicted of an offence by a court, a person is disqualified under the road transport legislation (whether or not by an order of the court) from holding a driver licence, the disqualification operates to cancel, permanently, any driver licence held by the person at the time of the person’s disqualification.
(2) A disqualification to hold an Australian driver licence held under a law in force in another State or internal Territory by a person who holds a driver licence issued in this State is, for the purposes of subsection (1), to be treated as if it were a disqualification to hold the driver licence issued in this State.
(3) A person who is so disqualified must—
(a) if present at the court (being a court in this State) and in possession of the person’s driver licence—surrender the licence to the court immediately after being convicted, or
(b) if present at the court (being a court in this State) but not in possession of the licence or if not present at the court—surrender the licence to Transport for NSW as soon as practicable after being convicted, or
(c) if the person is to be treated under subsection (2) as having been disqualified from holding a driver licence issued in this State—surrender the licence to Transport for NSW as soon as practicable after being disqualified from holding the Australian driver licence referred to in that subsection.
Maximum penalty—20 penalty units.
(4) Subject to the provisions of Division 2, a person who is disqualified from holding a driver licence cannot obtain another driver licence during the period of disqualification.
(5) If a driver licence is surrendered to the court, the licence is to be delivered to Transport for NSW.
(6) Any period for which a stay of execution is in force under section 63 of the Crimes (Appeal and Review) Act 2001 is not to be taken into account when calculating the length of a period of disqualification under this Division.