Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"special disqualification provision "means a provision of the road transport legislation mentioned in section 64 (2), other than the Road Transport (Alcohol and Drugs) Act 1977 , section 32.
(2) If a person is disqualified from holding or obtaining a driver licence under a special disqualification provision because being convicted of an offence, the person is not eligible to apply for, or be issued with, a restricted licence during the period that is the relevant period under subsection (3).
(3) For subsection (2), the relevant period is—
(a) if the person is a first offender for the special disqualification provision in relation to the offence—the minimum period of disqualification applying to the person under the provision in relation to the offence (whether or not the period is expressed to be such a minimum period); or
(b) if the person is a repeat offender for the special disqualification provision in relation to the offence—the period for which the person is disqualified for the offence.
Examples of minimum period disqualification
1 For section 62, the minimum period of disqualification is 6 months (see s 62 (1) (a)).
2 For the Road Transport (Alcohol and Drugs) Act 1977 , section 34, the minimum period of disqualification is 6 months (see that Act, s 34 (1) (b)).
3 For the Road Transport (Driver Licensing) Act 1999 , section 32 (1), (2) or (3), the minimum period of disqualification is 12 months (see that Act, s 32 (6) (a) and s 32 (9)).
Note 1 The Road Transport (Alcohol and Drugs) Act 1977 , s 33 applies only to repeat offenders. That Act, section 32 applies to first offenders, but is not a special disqualification provision.
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) If a person is disqualified by order under section 65 (Disqualification until court order) from holding or obtaining a driver licence, the person is not eligible to apply for, or be issued with, a restricted licence.
(5) If a person who is the holder of a restricted licence is disqualified (whether or not by court order) from holding or obtaining a driver licence because of being convicted or found guilty by a court in Australia of an offence against the law of any jurisdiction, the person is disqualified from applying for, or being issued with, another restricted licence for the remainder of the period for which the person was originally disqualified from holding or obtaining a driver licence.
Note The following provisions of the road transport legislation also contain limitations on the issue of restricted licences—
• s 45 (3) (which is about suspension for nonpayment of an infringement notice)
• s 66 (7) (which provides that a person who is disqualified from holding or obtaining an Australian driver licence in another jurisdiction is not eligible to apply for a restricted licence)
• s 88 (4) (which is about suspension or disqualification for default in payment of an outstanding fine)
• the Road Transport (Driver Licensing) Act 1999 , s 18 (4), s 19 (7), s 20 (3) and s 21 (7) (which are about suspension or licence ineligibility under the demerit points system)
• the Road Transport (Driver Licensing) Act 1999 , s 33 (5) (which is about cancellation of a restricted licence because of contravention of its conditions)
• the regulations made under the Road Transport (Driver Licensing) Act 1999 .