9Driving while subject to licence suspension

9 Driving while subject to licence suspension

(1)  A person must not drive a motor vehicle on a public street while the person's Australian driver licence or foreign driver licence is under suspension.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and

(b) a second or subsequent offence – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.

(2)  A person must not employ, cause or permit another to drive a motor vehicle on a public street if the other person's Australian driver licence or foreign driver licence is under suspension.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 150 penalty units; and

(ii) for an individual – a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 300 penalty units; and

(ii) for an individual – a fine not exceeding 60 penalty units or imprisonment for a term not exceeding 6 months.

(3)  It is a defence to a charge of an offence against subsection (2) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver's Australian driver licence or foreign driver licence was under suspension.

(4)  This section does not apply if –

(a) the driver holds a restricted driver licence and drives as authorised by that licence; or

(b) [Section 9 Subsection (4) amended by No. 69 of 2001, s. 5, Applied:10 Dec 2001] the driver is disqualified from driving by –

(i) an Australian court under an Act of this or any other State or a Territory; or