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Road Transport (General) Act 1999
66Effect of disqualification
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66 Effect of disqualification
(1) If a person is disqualified (whether or not by court order) from
holding or obtaining a driver licence because of being convicted, or
found guilty, by a court of an offence against a territory law, the
disqualification operates to cancel any driver licence held by the
person at the time of his or her disqualification.
(2) The cancellation takes effect at the same time as the disqualification.
(3) If a person is disqualified from holding or obtaining an Australian
driver licence in another jurisdiction because of being convicted, or
found guilty, by a court of that jurisdiction for an offence against the
law of that jurisdiction, the disqualification has effect in the ACT as
if it were a disqualification from holding or obtaining a driver licence
made under a territory law because the person had been convicted by
an ACT court of an offence against a territory law.
(4) If the holder of a driver licence is disqualified as mentioned in
subsection (1) or (3), the person must surrender the licence—
(a) if the person is present at the court, the court is an ACT court
and the person is in possession of his or her driver licence—to
the registrar immediately after being disqualified; or
(b) in any other case—to the road transport authority as soon as
practicable (but within 14 days) after being disqualified.
(5) If a driver licence is surrendered to the registrar of a court, the
registrar must give the licence to the road transport authority.
(6) Subject to any other provision of this division, a person who is
disqualified from holding or obtaining a driver licence is not eligible
to apply for, or be issued with, another driver licence, other than a
restricted licence, or a driver licence with an interlock condition,
during the period of disqualification.
Note 1 Sections 66A to 67C affect the eligibility of a person to apply for or be
issued with a restricted licence.
Note 2 The following provisions of the road transport legislation also contain
limitations on the issue of restricted licences:
• s 45 (3) (which is about suspension in relation to an infringement
notice)
• s 88 (4) (which is about suspension or disqualification for default in
payment of an outstanding fine)
• the Road Transport (Driver Licensing) Act 1999, s 18 (4), s 19 (7),
s 20 (3) and s 21 (7) (which are about suspension or licence
ineligibility under the demerit points system)
• the Road Transport (Driver Licensing) Act 1999, s 33 (5) (which is
about cancellation of a restricted licence because of contravention of
its conditions)
• the Road Transport (Driver Licensing) Regulation 2000.
Note 3 The Road Transport (Driver Licensing) Regulation 2000, pt 3A (Alcohol
ignition interlock devices) and s 103AA (Overseas drivers––eligibility
criteria) set out the circumstances in which a person may be eligible for
a driver licence with an interlock condition.
(7) In this section:
interlock condition––see the Road Transport (Driver Licensing)
Regulation 2000, section 73W.