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MOTOR VEHICLES ACT 1959 - SECT 75AA

MOTOR VEHICLES ACT 1959 - SECT 75AA

75AA—Only 1 licence to be held at any time

        (a1)         The Registrar must not issue a licence to a person who already holds a licence under this Act unless the person surrenders the licence to the Registrar.

        (1)         The Registrar must not issue a licence or learner's permit to a person who holds an interstate learner's permit, interstate licence or foreign licence unless the person—

            (a)         surrenders the interstate learner's permit, interstate licence or foreign licence to the Registrar; and

            (b)         in the case of a person who holds an interstate learner's permit or interstate licence—provides the Registrar with a letter addressed to the authority that issued the permit or licence requesting the authority to cancel the permit or licence.

        (2)         Where a person who holds an interstate learner's permit, interstate licence or foreign licence is issued with a licence or learner's permit under this Act, the interstate learner's permit, interstate licence or foreign licence will, for the purposes of this Act, be taken to have been cancelled on the date of issue of the licence or permit under this Act.

        (3)         Where a person who holds a licence or learner's permit under this Act is issued with an interstate learner's permit, interstate licence or foreign licence, the licence or permit under this Act will, for the purposes of this Act, be taken to have been cancelled on the date of issue of the interstate learner's permit, interstate licence or foreign licence.

        (4)         Where a person holds a licence or learner's permit and one or more interstate learner's permits or interstate licences, the Registrar may, by notice given in a manner and form determined by the Minister to the person, require the person to elect either—

            (a)         to surrender the licence or learner's permit to the Registrar; or

            (b)         to surrender the interstate learner's permits or interstate licences to the Registrar and provide the Registrar with letters addressed to the authorities that issued the permits or licences requesting those authorities to cancel the permits or licences.

        (5)         If a person does not surrender the person's licence or learner's permit or surrender the person's interstate learner's permits or interstate licences and provide appropriate letters within the period allowed in a notice under subsection (4), the licence or learner's permit will, for the purposes of this Act, be taken to have been cancelled on the expiry of that period.

        (6)         The Registrar may, if satisfied that it would be unreasonable in the circumstances to require a person who holds a foreign licence to surrender the licence, exempt the person from the operation of this section.

        (7)         A requirement to surrender a permit or licence under this section only applies in relation to a permit or licence that is held in the form of a physical document or item.

        (8)         Nothing in this section affects the ability of the Registrar to issue—

            (a)         to a person who holds a permit or licence issued in the form of a physical document or item the same permit or licence in electronic form (without surrender of the permit or licence issued in the form of a physical document or item); or

            (b)         to a person who holds a permit or licence issued in electronic form the same permit or licence in the form of a physical document or item (without surrender of the permit or licence issued in electronic form).