28Issue of driver licences generally

28 Issue of driver licences generally

(1)  Subject to these regulations, the Registrar must issue a driver licence of a particular class and type to an applicant if satisfied that the applicant is eligible to hold the licence.

(2)  The Registrar must issue a driver licence of a lower class than the class of licence applied for under these regulations if –

(a) the application is for a driver licence of a particular class in the hierarchy of licence classes; and

(b) the Registrar is not satisfied that the applicant is eligible to hold a licence of the class sought in the application but is eligible to hold a licence of the lower class; and

(c) on the application, the applicant asks the Registrar to issue a licence of the lower class.

(3)  A driver licence is to be issued as either or both of the following:

(a) a licence of a particular class in the hierarchy of licence classes;

(b) a motor cycle licence.

(4)  If an applicant already holds an Australian driver licence, the applicant must surrender the licence before a new driver licence is issued under these regulations.

(5)  If an applicant holds a foreign driver licence, the Registrar may require the applicant to surrender the licence before a driver licence is issued under these regulations.

(6)  The Registrar must not issue a driver licence to an applicant if the applicant would, as a result, hold 2 or more Australian driver licences.

(7)  A driver licence issued contrary to subregulation (6) is void.

(8)  The Registrar may refuse to issue a driver licence to an applicant if the applicant has failed to pay a fine or other pecuniary penalty, or an instalment of a fine or other pecuniary penalty, arising out of the use of a motor vehicle in Australia.

(9)  The Registrar may refuse to issue a driver licence if it appears appropriate to do so having regard to a judgment, order or decision of an Australian court.