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Traffic Act 1987
1949United Nations Convention on Road Traffic;
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1949 United Nations Convention on Road Traffic;
(iii) holds a learner's licence; or
Traffic Act 1987 81
(iv) is temporarily in the Territory and holds a licence or
permit (however referred to) granted in the country or the
State or other Territory of the Commonwealth in which
that person usually resides which permits the person to
drive a motor vehicle to gain experience for the purpose
of obtaining a licence to drive a motor vehicle,
and is driving in accordance with the conditions, if any, of the
licence or permit, and the motor vehicle is one which the
person is permitted by the licence or permit to drive; or
(b) if:
(i) that person is disqualified from holding a licence in a
State or another Territory of the Commonwealth, during
the period that the disqualification is in force; or
(ii) the Registrar has revoked or suspended the person's
entitlement to drive a motor vehicle under section 101B
of the Motor Vehicles Act 1949, during the period that
the revocation or suspension is in force.
(2) A person shall not employ, permit or suffer a person to drive a
motor vehicle on a public street or public place if that person is not,
by virtue of subsection (1), permitted to drive that motor vehicle.
(3) For the purposes of subsection (1)(a) or (2), a person who is a
resident of the Territory shall be deemed not to hold a licence to
drive a motor vehicle unless that person is, under section 8A(3) of
the Motor Vehicles Act 1949, exempted from the requirement to be
licensed, notwithstanding that that person is the holder of a licence
to drive that motor vehicle granted under a law of a country or of a
State or another Territory of the Commonwealth relating to the
licensing of persons to drive motor vehicles.
(4) In a prosecution for an offence against subsection (1)(a) or (2)
relating to a person who is deemed not to hold a licence to drive a
motor vehicle by virtue of subsection (3), an averment in the
complaint that the person is a resident of the Territory is prima facie
evidence of that fact.