Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"drive"—see the Road Transport (Safety and Traffic Management) Act 1999 , dictionary.
"motor vehicle"—see the Road Transport (Safety and Traffic Management) Act 1999 , dictionary.
"non-traffic offence" means any offence except a traffic offence.
"road transport legislation"—see the Road Transport (General) Act 1999 , section 6.
"traffic offence" means any offence arising out of the use of a motor vehicle, and includes any offence against the road transport legislation.
"trailer"—see the Road Transport (Safety and Traffic Management) Act 1999 , dictionary.
"use "a motor vehicle or trailer includes drive, stop or park the motor vehicle or trailer.
(2) A conviction for a traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a non-traffic offence.
Note A conviction for a traffic offence is relevant only in calculating the crime-free period for a conviction for an earlier traffic offence.
(3) A conviction for a non-traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a traffic offence.
Note A conviction for a non-traffic offence is relevant only in calculating the crime-free period for an earlier non-traffic offence.
(4) However, a conviction for any of the following offences is relevant in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence):
(a) an offence against the Crimes Act 1900 , section 29 (Culpable driving);
(b) any other offence against the Crimes Act 1900 where a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way the convicted person drove a motor vehicle;
(c) an offence against the Road Transport (Alcohol and Drugs) Act 1977 , part 3 (which is about drivers exceeding the prescribed blood alcohol concentration, refusing to provide a breath sample, blood test etc, or driving under the influence of an intoxicating liquor or a drug);
(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);
(e) an offence against the Road Transport (Safety and Traffic Management) Act 1999 , section 7 (1) (which is about furious, reckless and dangerous driving);
(f) an offence against the Road Transport (Safety and Traffic Management) Act 1999 , section 8 (1) or (2) (which are about menacing driving);
(g) an offence prescribed under the regulations for this subsection.