31Driver must be licensed

31 Driver must be licensed (1) A person must not drive a motor vehicle on a road or road related area unless the person— (a) is the holder of an Australian driver licence that authorises the person to drive a motor vehicle of that kind; or (b) is exempted by regulation from holding an Australian driver licence.

(2) A person who is not, and never has been, the holder of an Australian driver licence must not drive a motor vehicle on a road or road related area unless the person is exempted by regulation from holding an Australian driver licence. (a) for a first offender—20 penalty units; or (b) for a repeat offender—50 penalty units, imprisonment for 6 months or both. (3) If— (a) a court convicts a person of an offence against subsection (2); and (b) the person is a repeat offender; the person is automatically disqualified from obtaining a driver licence for 3 years or, if the court orders a longer period, the longer period. (4) A disqualification under this section is in addition to any penalty imposed for the offence. (5) For subsections (2) and (7), a person is taken to never to have been the holder of an Australian driver licence if the person has not held an Australian driver licence at any time within 5 years before being convicted, or found guilty, of the offence concerned.

page 34 Road Transport (Driver Licensing) Act 1999 (6) For subsections (2) and (3): (a) a person who is convicted of an offence against subsection (2) (the current offence) is a repeat offender in relation to the current offence if the person has been convicted, or found guilty, of an offence against the subsection within 5 years before being convicted of the current offence; and (b) a person who is convicted of an offence against subsection (2) is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence. (7) A person who has never been the holder of an Australian driver licence cannot be convicted or found guilty of an offence against both this section and section 32 in relation to driving a motor vehicle on the same occasion. (8) However, this section does not prevent the person from being convicted or found guilty of an offence against section 32 in relation to driving a motor vehicle that is an offence against this section. (9) A person cannot be convicted or found guilty against both subsections (1) and (2) in relation to driving a motor vehicle on the same occasion. (10) However, a person charged with an offence against subsection (2) can be convicted or found guilty instead of an offence against subsection (1), but a person charged with an offence against subsection (1) cannot be convicted or found guilty instead of an offence against subsection (2). Note 1 The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.). Note 2 The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine). Under that section, an authorised officer or assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.