38Driver licensing scheme

### 38 Driver licensing scheme > > (1)  A driver licensing scheme is to be established under the regulations. > > > (2)  The driver licensing scheme – > > > > > > (a) is to provide for the issue, duration, variation, expiry, renewal, suspension, cancellation and surrender of driver licences and ancillary certificates; and > > > > > > > (b) may provide for the physical surrender or return of an Australian driver licence, foreign driver licence or ancillary certificate to the Registrar, a court or other authority or its recovery from the holder, former holder or other person in possession of it by the Registrar, a court or other authority; and > > > > > > > (c) may – > > > > > > > > > > (i) provide for the classification of driver licences and ancillary certificates and define rights and obligations attaching to each licence class; and > > > > > > > > > > > (ii) provide for driver licences to be issued as learner, provisional or probationary licences; and > > > > > > > > > > > (iii) establish codes for designating licence classes or types, or both; and > > > > > > > (d) may establish the criteria of eligibility for holding driver licences or ancillary certificates generally or for a particular class of driver licence or ancillary certificate; and > > > > > > > (e) may prescribe how an application for or related to a driver licence or an ancillary certificate (or the renewal of a driver licence or an ancillary certificate) is to be made and the requirements with which the applicant must, or may be required to, comply; and > > > > > > > (f) may require specified information to be included on the form in which driver licences, ancillary certificates or other documents related to the driver licensing scheme are to be issued; and > > > > > > > (g) may – > > > > > > > > > > (i) provide for the issue of a driver licence or an ancillary certificate on conditions specified in the regulations or to be determined at the Registrar's discretion (or on conditions of both kinds); and > > > > > > > > > > > (ii) provide for the later imposition of conditions (of either or both kinds) either at the time of renewal or at any other time; and > > > > > > > > > > > (iii) establish codes for designating standard licence conditions; and > > > > > > > > > > > (iv) provide for the variation or revocation of the conditions of a licence or an ancillary certificate; and > > > > > > > (h) [*\[Section 38 Subsection (2) amended by No. 41 of 2000, s. 7, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-2000-041#GS7@Hpa@EN) may impose requirements with which the holder of an Australian driver licence, a foreign driver licence or an ancillary certificate is to comply; and > > > > > > > (ha) [*\[Section 38 Subsection (2) amended by No. 33 of 2017, s. 9, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-033#GS9@EN) may prescribe – > > > > > > > > > > (i) a system of case management that may apply in respect of specified novice drivers or novice riders; and > > > > > > > > > > > (ii) the requirements with which a novice driver or novice rider may be required to comply, as determined by the Registrar, as part of case management; and > > > > > > > > > > > (iii) that the Registrar may determine which requirements of case management apply to all participants, or a class of participants or an individual participant, in case management; and > > > > > > > > > > > (iv) anything necessary, or incidental, to establish the system of case management for novice drivers or novice riders and any related practices and procedures; and > > > > > > > (i) may prescribe a demerit points schedule listing all demerit points offences and the number of demerit points attracted by each offence which is to consist of 3 separate parts – > > > > > > > > > > (i) the first part containing the offences constituting the national schedule of demerit points; and > > > > > > > > > > > (ii) the second part containing the interstate demerit points offences that are not on the national schedule of demerit points but are recognised under this Act; and > > > > > > > > > > > (iii) the third part containing the remaining demerit points offences; and > > > > > > > (j) may require the holder of a driver licence or an ancillary certificate – > > > > > > > > > > (i) to notify the Registrar of changes of circumstance affecting the details recorded in a register; and > > > > > > > > > > > (ii) to give the Registrar other information; and > > > > > > > (k) may – > > > > > > > > > > (i) [*\[Section 38 Subsection (2) amended by No. 41 of 2000, s. 7, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-2000-041#GS7@Hpb@EN) require, or empower the Registrar to require, an applicant for the issue or renewal of a driver licence or an ancillary certificate, the holder of a driver licence or an ancillary certificate, or a person who is exempt from the requirement to hold a driver licence, to submit to a medical examination; and > > > > > > > > > > > (ii) deal with the way in which medical examinations are to be conducted; and > > > > > > > (l) may – > > > > > > > > > > (i) [*\[Section 38 Subsection (2) amended by No. 40 of 2000, s. 8, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-2000-040#GS8@EN) [*\[Section 38 Subsection (2) amended by No. 41 of 2000, s. 7, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-2000-041#GS7@Hpc@EN) require, or empower the Registrar to require, an applicant for the issue or renewal of a driver licence or an ancillary certificate, the holder of a driver licence, or a person who is exempt from the requirement to hold a driver licence or an ancillary certificate, to submit to a test or assessment of his or her competence to drive motor vehicles of a particular class; and > > > > > > > > > > > (ii) require, or empower the Registrar to require, an applicant for the issue or renewal, or the holder, of an ancillary certificate authorising the provision of driving instruction for reward to submit to a test or assessment of his or her competence to teach others to drive; and > > > > > > > > > > > (iii) deal with the way in which a test or assessment under [subparagraph (i)](#GS38@Gs2@Hpl@Hqi@EN) or [(ii)](#GS38@Gs2@Hpl@Hqii@EN) is to be conducted; and > > > > > > > (m) [*\[Section 38 Subsection (2) amended by No. 41 of 2000, s. 7, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-2000-041#GS7@Hpd@EN) may require, or empower the Registrar to require, an applicant for the issue or renewal, or the holder, of a driver licence or an ancillary certificate, or a person who is exempt from the requirement to hold a driver licence, to undergo a training course to satisfy the Registrar that the person is a suitable person to exercise the rights conferred under the driver licence, ancillary certificate or exemption; and > > > > > > > (n) may regulate the provision of driving instruction for reward; and > > > > > > > (o) may regulate the driving of public passenger vehicles; and > > > > > > > (p) may prescribe, or provide for, conditional or unconditional exemptions from – > > > > > > > > > > (i) requirements of the driver licensing scheme generally; or > > > > > > > > > > > (ii) a specific requirement of the scheme (including a requirement related to ancillary certificates); and > > > > > > > (q) may provide for the recognition by the Registrar of things done under corresponding laws; and > > > > > > > (r) may deal with any incidental or ancillary matter. > > > (3)  The driver licensing scheme may provide for the suspension or cancellation of driver licences or ancillary certificates for non-payment of penalties or for other reasons unrelated to the holder's suitability to be the holder of such a licence or certificate.