Transport Operations (Road Use Management—Driver Licensing) Regulation 2021
sec.426Persons given notices to choose before commencement
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sec.426 Persons given notices to choose before commencement
Subsection (2) applies if— before the commencement, a person was given a notice to choose under the expired regulation, section 79(3); and immediately before the commencement— the person had not notified the chief executive of the person’s choice; and the time stated in the notice for making a choice had not ended. The expired regulation, section 79(5), (6), (7) and (9) continues to apply in relation to the person as if the expired regulation had not expired. Subsection (4) applies if— before the commencement— a person was given a notice to choose under the expired regulation, section 79(3); and the person notified the chief executive that the person chose for the expired regulation, section 79(3)(b) to apply; and immediately before the commencement, the period of 1 year starting on the sanction day, as mentioned in the expired regulation, section 79(6)(b), had not ended for the person. The expired regulation, section 79(6), (7) and (9) continues to apply in relation to the person as if the expired regulation had not expired. A person who was given a notice to choose under the expired regulation, section 79(3) before the commencement and who has a suspended licence is not eligible to apply for a section 79E order if the act or omission that resulted in the relevant charge for the suspended licence happened, or is alleged to have happened, in a circumstance mentioned in the expired regulation, section 91(2)(b)(v) or (vi). In this section— relevant charge , for a person’s suspended licence, see section 291. suspended licence , of a person, see section 291. (sec.426-ssec.1) Subsection (2) applies if— before the commencement, a person was given a notice to choose under the expired regulation, section 79(3); and immediately before the commencement— the person had not notified the chief executive of the person’s choice; and the time stated in the notice for making a choice had not ended. (sec.426-ssec.2) The expired regulation, section 79(5), (6), (7) and (9) continues to apply in relation to the person as if the expired regulation had not expired. (sec.426-ssec.3) Subsection (4) applies if— before the commencement— a person was given a notice to choose under the expired regulation, section 79(3); and the person notified the chief executive that the person chose for the expired regulation, section 79(3)(b) to apply; and immediately before the commencement, the period of 1 year starting on the sanction day, as mentioned in the expired regulation, section 79(6)(b), had not ended for the person. (sec.426-ssec.4) The expired regulation, section 79(6), (7) and (9) continues to apply in relation to the person as if the expired regulation had not expired. (sec.426-ssec.5) A person who was given a notice to choose under the expired regulation, section 79(3) before the commencement and who has a suspended licence is not eligible to apply for a section 79E order if the act or omission that resulted in the relevant charge for the suspended licence happened, or is alleged to have happened, in a circumstance mentioned in the expired regulation, section 91(2)(b)(v) or (vi). (sec.426-ssec.6) In this section— relevant charge , for a person’s suspended licence, see section 291. suspended licence , of a person, see section 291.