96AATemporary visiting drivers—permanent loss of exemption

#### 96AA Temporary visiting drivers—permanent loss of exemption 96AA Temporary visiting drivers—permanent loss of exemption > > (1) A temporary visiting driver is permanently ineligible to be exempt under clause 96 from NSW driver licence holding requirements if the driver— > > > > > (a) resides in this State for a continuous period of 6 months after the driver is granted a temporary visa under the [Migration Act 1958](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b) is convicted of— > > > > > > > (i) an alcohol or other drug related driving offence, or > > > > > > > (ii) an offence referred to in the Act, section 224(1), or > > > > > (c) is disqualified from driving a motor vehicle on a road or road related area in Australia or another country. > > > (2) Despite clause 96(7)(a), a temporary visiting driver to whom clause 96(4)(n) applies is permanently ineligible to be exempt under clause 96 from NSW driver licence holding requirements. > > > (3) Despite clause 96(7A), a temporary visiting driver to whom clause 96(4)(o) applies is permanently ineligible to be exempt under clause 96 from NSW driver licence holding requirements. > > > (4) The notice required to be given under clause 96(9) to a temporary visiting driver to whom clause 96(4)(n) or (o) applies must state that the temporary visiting driver is permanently ineligible to be exempt from NSW driver licence holding requirements. > > > (5) For this clause, the following savings and transitional provisions have effect— > > > > > (a) (Repealed) > > > > > (b) subclause (1)(b) and (c) do not apply to a conviction or disqualification that occurred before the commencement day, > > > > > (c) subclause (2) does not apply to a temporary visiting driver unless at least 1 of the demerit points is incurred on or after the commencement day, > > > > > (d) subclause (3) does not apply to an offence alleged to have been committed before the commencement day. > > > (5A) (Repealed) > > > (6) In this clause— > > > > commencement day means the day on which this clause is substituted by the [Road Transport Legislation Amendment (Visiting Drivers) Regulation 2023](/view/pdf/asmade/sl-2023-430). > > > > temporary visiting driver means a visiting driver who— > > > > > (a) is referred to in clause 96(1)(b) or (c), and > > > > > (b) holds a temporary visa under the [Migration Act 1958](http://www.legislation.gov.au/) of the Commonwealth. > > **cl 96AA:** Ins 2022 (814), Sch 1\[5\]. Subst 2023 (430), Sch 1\[5\]. Am 2024 (49), Sch 1\[1\] \[2\]; 2017 (450), cl 96AA(5A).