Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 4D

Meaning of repeat offender and first offender

    (1)     A person who is convicted of a disqualifying offence is a repeat offender in relation to the offence if the person has been convicted, or found guilty, of a relevant offence within 5 years before being convicted of the disqualifying offence.

    (2)     A person who is convicted of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.

    (3)     In this section:

"relevant offence "means—

        (a)     a disqualifying offence; or

        (b)     a corresponding offence; or

        (c)     an offence of culpable driving; or

        (d)     an offence against the Road Transport (Safety and Traffic Management) Act 1999 , section 6 (1) (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that subsection); or

        (e)     an offence against any of the following provisions of the Road Transport (Safety and Traffic Management) Act 1999 :

              (i)     section 7 (1) (which is about furious, reckless or dangerous driving);

              (ii)     section 8 (1) or (2) (which are about menacing driving); or

        (f)     an offence against any of the following provisions of the Road Transport (Driver Licensing) Act 1999 :

              (i)     section 32 (1), (2) or (3) (which are about driving or fraudulently applying for a driver licence while disqualified or after licence suspension, cancellation or refusal);

              (ii)     section 33 (1) (which is about contravention of conditions of a restricted licence).



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