Road Transport (Driver Licensing) Act 1999
32Offences committed by disqualified drivers etc
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32 Offences committed by disqualified drivers etc (1) A person who is disqualified by a court in Australia or under the law of any jurisdiction from holding or obtaining an Australian driver licence must not— (a) drive a motor vehicle on a road or road related area during the period of disqualification except in accordance with a restricted licence issued to the person; or (b) apply for a driver licence during the period of disqualification and in, or in relation to, the application omit to mention the disqualification.
Section 32 page 36 Road Transport (Driver Licensing) Act 1999 (2) A person whose Australian driver licence is suspended by a court in Australia or under the law of any jurisdiction must not— (a) drive a motor vehicle on a road or road related area during the period of suspension except in accordance with a restricted licence issued to the person; or (b) apply for a driver licence during the period of suspension and in, or in relation to, the application omit to mention the suspension. (3) A person whose application for an Australian driver licence is refused in any jurisdiction, or whose Australian driver licence is cancelled by a court in Australia or under the law of any jurisdiction (other than under the Road Transport (General) Act 1999, section 66 (1) or a corresponding provision of the law of another jurisdiction), must not— (a) drive a motor vehicle on a road or road related area without having subsequently obtained an Australian driver licence; or (b) apply for a driver licence and in, or in relation to, the application omit to mention the refusal or cancellation. (4) A regulation may provide that subsection (1), (2) or (3) does not apply to the driving of a motor vehicle in circumstances prescribed by regulation.
Section 32 (5) If a court convicts a person of an offence against subsection (1) or (3), the person is automatically disqualified from holding or obtaining a driver licence— (a) for a first offender—for 12 months or, if the court orders a longer period, the longer period; or (b) for a repeat offender—for 24 months or, if the court orders a longer period, the longer period. (6) If a court convicts a person of an offence against subsection (2), the person is automatically disqualified from holding or obtaining a driver licence— (a) if the suspension was under the Road Transport (General) Act 1999, part 3 (Infringement notices for certain offences) or part 6 (Fine defaulters) or a law of another jurisdiction corresponding to part 3 or part 6 (or to part of it)— (i) for a first offender—for 1 month or, if the court orders a (ii) for a repeat offender—for 2 months or, if the court orders a longer period, the longer period; or (b) if the suspension was under division 2.3 (Demerit points system) or a law of another jurisdiction corresponding to division 2.3 (or to part of it)— (i) for a first offender—for 2 months or, if the court orders a (ii) for a repeat offender—for 4 months or, if the court orders a longer period, the longer period; or