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)](#GS9@Gs2@EN) 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) [*\[Section 9 Subsection (4) amended by No. 69 of 2001, s. 5, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS5@EN) the driver is disqualified from driving by – > > > > > > > > > > (i) an Australian court under an Act of this or any other State or a Territory; or > > > > > > > > > > > (ii) an automatic statutory penalty.