52When probationary licence must be issued

52 When probationary licence must be issued person for the issue of a driver licence (other than a learner licence) of a particular class; and (b) the person has been (but is no longer) disqualified (whether or not by court order) from holding or obtaining an Australian driver licence because of being convicted, or found guilty, by an Australian court of an offence against the law of any jurisdiction; and (c) any of the following paragraphs apply: (i) the person has not been the holder of another Australian driver licence (other than a learner licence) since the end of the disqualification; (ii) the person is the holder of a probationary licence issued under the law of any jurisdiction and has held the licence for less than 1 year;

Probationary licences Division 3.8 (iii) the person has been (but is no longer) the holder of a probationary licence issued under the law of any jurisdiction since the end of the disqualification and held the licence for less than 1 year. Note Section 68 (1) provides that periods of licence suspension or disqualification are not counted and that every other period when the person has, during the particular period, held the licence is to be counted. (2) However, if subsection (1) (c) (ii) or (iii) applies to the person, this section does not apply to the person if the person’s probationary licence was cancelled under division 8.4 (which is about demerit points incurred by probationary licence holders) or the corresponding law since the end of the disqualification. (3) This section also applies to a person if— person for the issue of a driver licence (other than a learner licence) of a particular class; and (b) the person–– (i) is eligible for a probationary licence with an interlock condition under— (A) section 73T (Mandatory interlock condition); or (B) section 73V (Voluntary interlock condition); or (C) section 73VA (Interstate driver licences with interlock conditions); or (ii) has an interlock exemption under section 73ZE. (4) Subject to subsection (5), if this section applies to the person, the road transport authority must issue a probationary licence of the class approved by the authority to the person. Note The road transport authority must not issue a probationary licence to a person if s 73D (3) or s 73M (3) applies.

(5) If a court has made an order under section 73U (Court-ordered therapeutic program) that a person comply with any treatment, referral or monitoring before being eligible to apply for, or be issued with a licence, the road transport authority must be satisfied that the person has complied with the order before issuing a probationary licence to the person.