MOTOR VEHICLES ACT 1959 - SECT 79

MOTOR VEHICLES ACT 1959 - SECT 79

79—Examination of applicant for licence or learner's permit

        (1)         Subject to this Act, the Registrar may not issue a licence or learner's permit to an applicant who has not held a licence at some time during the period of 5 years immediately preceding the date of the application unless—

            (a)         the applicant satisfies the Registrar, by such evidence as the Registrar may require, that the applicant has passed an approved theoretical examination; or

            (b)         the applicant satisfies the Registrar, by such evidence as the Registrar may require, that—

                  (i)         at some time during the period of 12 months immediately preceding the date of the application the applicant held an interstate learner's permit; or

                  (ii)         at some time during the period of 5 years immediately preceding the date of the application the applicant held an interstate licence; or

                  (iii)         at some time during the period of 5 years immediately preceding the date of the application the applicant held a foreign licence of a type approved by the Registrar by notice in the Gazette.

        (2)         The regulations may provide that, for the purposes of this Act, a person will not be regarded as having passed an examination unless the person has answered correctly not less than a prescribed number of questions asked in the examination (but, despite such a regulation, the Registrar may treat a person as not having passed an examination for the purposes of this Act if an incorrect answer has been given to a question dealing with a matter that, in the Registrar's opinion, is of special importance).

        (3)         In this section—

"approved theoretical examination" means an examination approved by the Registrar as a theoretical examination for the purposes of this section.