ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 26 Effect of disqualification
This legislation has been repealed.
ROAD TRANSPORT (GENERAL) ACT 1999 - SECT 26
Effect of disqualification26 Effect of disqualification
(cf Traffic Act, s 10AA)
(1) If, as a consequence of being convicted of an offence by a court under the road transport legislation, a person is disqualified (whether or not by an order of the court) from holding a driver licence, the disqualification operates to cancel, permanently, any driver licence held by the person at the time of his or her disqualification.
(2) A disqualification to hold an Australian driver licence held under a law in force in another State or internal Territory by a person who holds a driver licence issued in this State is, for the purposes of subsection (1), to be treated as if it were a disqualification to hold the driver licence issued in this State.
(3) A person who is so disqualified must:(a) if present at the court (being a court in this State) and in possession of his or her driver licence--surrender the licence to the court immediately after being convicted, or(b) if present at the court (being a court in this State) but not in possession of the licence or if not present at the court--surrender the licence to the Authority as soon as practicable after being convicted, or(c) if the person is to be treated under subsection (2) as having been disqualified from holding a driver licence issued in this State--surrender the licence to the Authority as soon as practicable after being disqualified from holding the Australian driver licence referred to in that subsection.Maximum penalty: 20 penalty units.
(4) Subject to the provisions of Subdivision 2, a person who is disqualified from holding a driver licence cannot obtain another driver licence during the period of disqualification.
(5) If a licence is surrendered to the court, the licence is to be delivered to the Authority.
(6) Any period for which a stay of execution is in force under section 63 of the Crimes (Local Courts Appeal and Review) Act 2001 is not to be taken into account when calculating the length of a period of disqualification under this Division.