61ADefinitions—div 4.2

61A Definitions—div 4.2 automatic disqualification provision means any of the following provisions: (a) section 60 (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); (b) section 62 (Automatic disqualification for culpable driving); (c) section 63 (Automatic disqualification for certain other driving offences); (d) the Road Transport (Alcohol and Drugs) Act 1977, section 27 their blood or breath); (e) the Road Transport (Alcohol and Drugs) Act 1977, section 28 their blood or breath); (f) the Road Transport (Alcohol and Drugs) Act 1977, section 29 drivers for having a prescribed drug in their oral fluid or blood); (g) the Road Transport (Alcohol and Drugs) Act 1977, section 30 drivers for having a prescribed drug in their oral fluid or blood); (h) the Road Transport (Alcohol and Drugs) Act 1977, section 31 their blood or breath and a prescribed drug in their bodily fluid); (i) the Road Transport (Alcohol and Drugs) Act 1977, section 32 their blood or breath and a prescribed drug in their bodily fluid); (j) the Road Transport (Alcohol and Drugs) Act 1977, section 33 drivers for driving under the influence of intoxicating liquor or a drug); (k) the Road Transport (Alcohol and Drugs) Act 1977, section 34 drivers for driving under the influence of intoxicating liquor or a drug); (l) the Road Transport (Alcohol and Drugs) Act 1977, section 34A (which is about automatic disqualification for other offences against that Act); (m) Road Transport (Driver Licensing) Act 1999, section 31 (3) (which is about automatic disqualification for repeat offenders for driving while not holding (and never having held) an Australian driver licence); (n) Road Transport (Driver Licensing) Act 1999, section 32 (5) (which is about automatic disqualification for an offence of driving or fraudulently applying for a driver licence while disqualified, or after licence suspension, cancellation or refusal); (o) Road Transport (Driver Licensing) Act 1999, section 32 (6) (which is about automatic disqualification for an offence of either driving while suspended, or applying for a driver licence while suspended and omitting disclosure of the suspension). driver trainer—see the Road Transport (Alcohol and Drugs) Act 1977, section 4BA. immediate suspension notice (or suspension notice) means a notice under section 61B given to a person for an immediate suspension immediate suspension offence (or suspension offence) means an offence against any of the following provisions in the circumstances (if any) mentioned for the provision: (a) section 60 (Police officer or authorised person may require people to disclose identity of driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); (b) the following, if the person to whom the offence relates is not a driver trainer: (i) the Road Transport (Alcohol and Drugs) Act 1977, section 19 (Prescribed concentration of alcohol in blood or breath); (ii) the Road Transport (Alcohol and Drugs) Act 1977, section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer); (iii) the Road Transport (Alcohol and Drugs) Act 1977, section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); (c) the Road Transport (Alcohol and Drugs) Act 1977, section 22 (Refusing to provide breath sample); (d) the Road Transport (Alcohol and Drugs) Act 1977, section 22A (Refusing to provide oral fluid sample); (e) the Road Transport (Alcohol and Drugs) Act 1977, section 22C (Refusing to undergo screening test); (f) the Road Transport (Alcohol and Drugs) Act 1977, section 23 (Refusing blood test etc); (g) the Road Transport (Alcohol and Drugs) Act 1977, section 24 (Driving under the influence of intoxicating liquor or a drug); (h) an offence prescribed for the Road Transport (Alcohol and Drugs) Act 1977, dictionary definition of disqualifying offence, paragraph (i) by regulation under that Act; (i) the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit), if the driver exceeds the speed limit applying to the driver by more than 45km/h; (j) the Road Transport (Safety and Traffic Management) Act 1999, section 5C (Failing to stop motor vehicle for police); (k) the Road Transport (Safety and Traffic Management) Act 1999, section 7 (Furious, reckless or dangerous driving), if the offence is an aggravated offence. Section interstate driver licence means a licence (including a conditional licence, learner licence, probationary licence, provisional licence or restricted licence or a driver licence receipt) issued under the law of another State authorising the holder to drive a motor vehicle on a road or road related area. special driver—see the Road Transport (Alcohol and Drugs) Act 1977, section 4B. suspension notice—see immediate suspension notice. suspension offence—see immediate suspension offence. 61AA Meaning of first offender and repeat offender—div 4.2 (1) A person who is convicted or found guilty of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence. (2) A person who is convicted or found guilty of a disqualifying offence is a repeat offender in relation to the offence if— (a) the person has been convicted or found guilty of a relevant offence committed at any time before the disqualifying offence was committed (whether or not the person had been convicted or found guilty of the relevant offence when the person committed the disqualifying offence); or (b) the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence. Note Found guilty, of an offence, includes having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing) (see Legislation Act, dict, pt 1). disqualifying offence means— (a) for section 62 (Automatic disqualification for culpable driving)—an offence of culpable driving; or (b) for section 63 (Automatic disqualification for certain other driving offences)—an offence mentioned in section 63 (1). relevant offence means any of the following: (a) an offence of culpable driving; (b) an offence mentioned in section 63 (1). 61B Immediate suspension of licence (1) If a police officer believes on reasonable grounds that a person has committed an immediate suspension offence, the police officer must give the person an immediate suspension notice for the offence. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) A suspension notice must include the following information: (a) a unique identifying number; (b) the date and time the notice is given; (c) the full name, or surname and initials, and home address of the person; (d) particulars of the suspension offence to which the notice relates and— (i) if the offence is against the Road Transport (Alcohol and Drugs) Act 1977, section 19 (Prescribed concentration of alcohol in blood or breath)—the concentration of alcohol alleged to be present in the person’s blood or breath; and (ii) if the offence is against the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit)—the speed at which the person is alleged to have been driving; (e) the service number of the police officer who gave the suspension notice; (f) a statement telling the person that while the notice is in effect— (i) if the person is the holder of a driver licence—the person’s licence is suspended; and (ii) if the person is the holder of an interstate driver licence or an external driver licence—the person’s right to drive in the ACT is suspended; and (iii) the person’s driver licence must be surrendered to a police officer in accordance with the requirements of the notice; and (iv) if the person is the holder of a driver licence—the person must not drive a vehicle; and (v) if the person is the holder of an interstate driver licence or an external driver licence—the person must not drive a vehicle in the ACT; and (vi) the person is not eligible to apply for a driver licence; and (vii) the person has a right to apply to the Magistrates Court for a stay of the suspension notice; (g) a statement telling the person that the notice ceases to have effect if any of the circumstances mentioned in subsection (5) apply; (h) anything else prescribed by regulation. (3) A suspension notice takes effect as soon as it is served on the person. (4) The following provisions apply if a person is served with a suspension notice: (a) if the person is the holder of a driver licence—the person’s licence is suspended; (b) if the person is the holder of an interstate driver licence or an external driver licence—the person’s right to drive in the ACT is suspended; (c) the person must surrender to a police officer the person’s driver licence or, if the person is unable to do so at the time, the person must surrender the licence as soon as practicable in accordance with the requirements of the suspension notice; (d) if the person is the holder of a driver licence—the person must not drive a vehicle; (e) if the person is the holder of an interstate driver licence or an external driver licence—the person must not drive a vehicle in the ACT; (f) the person is not entitled to apply for, or be issued with, a restricted licence during the suspension period. Note A person served with a suspension notice may apply to the Magistrates Court for a stay of the operation of the suspension notice (see s 61F). 61BA When a suspension notice ceases to have effect (1) This section applies if an immediate suspension notice is served on a person for an immediate suspension offence under section 61B (1). (2) The suspension notice ceases to have effect if— (a) the maximum suspension time has elapsed since the day the suspension notice was served; or (b) the Magistrates Court orders a stay of the suspension notice; or (c) the chief police officer or the DPP gives the person written notice that no proceeding will be brought for the offence; or (d) the offence is found proved, dismissed or taken into account by a court; or (e) if a proceeding was brought for the offence—any of the following happens: (i) the chief police officer or the DPP gives the person written notice that the proceeding is to be withdrawn or discontinued; (ii) the proceeding is withdrawn or discontinued other than under section 53 (3); or (f) if an infringement notice was given for the offence and the person has not disputed the notice under section 51—the infringement notice is withdrawn; or (g) if an infringement notice was given for the offence and the person has disputed the notice under section 51—any of the following happens: (i) the administering authority tells the person under section 53 (5) that no further action will be taken against the person for the offence; (ii) the administering authority has not brought a proceeding within the time allowed under section 53; or (h) if the offence is an infringement notice offence—the administering authority gives the person written notice that no infringement notice will be given for the offence. bring, in relation to a proceeding for an offence, includes lay an information. maximum suspension time means— (a) if an infringement notice was given for the offence and the person does not dispute the notice under section 51—180 days; or (b) if a proceeding is discontinued under section 53 (3) and 90 days have not elapsed since the day the suspension notice was served—180 days; or (c) in any other case—90 days. 61BB Additional suspension notice—discontinued infringement notice proceedings (a) an immediate suspension notice is served on a person for an immediate suspension offence; and (b) an infringement notice is given for the offence; and (c) the person disputes the infringement notice under section 51; and (d) 90 days or more have elapsed since the day the immediate suspension notice was served; and (e) a proceeding for the offence is discontinued under section 53 (3). (2) A police officer may serve an additional immediate suspension notice on the person. (3) An additional immediate suspension notice is taken to have been served under section 61B (1). Note The maximum suspension time for an additional suspension notice is 90 days (see s 61BA (3), def maximum suspension time, par (c)). 61BC Road transport authority to return surrendered licence If a person has surrendered their driver licence under an immediate suspension notice and the suspension notice ceases to have effect, the road transport authority must return the driver licence to the person as soon as practicable.