MOTOR VEHICLES ACT 1959 - SECT 81D

MOTOR VEHICLES ACT 1959 - SECT 81D

81D—Disqualification for certain drug driving offences

        (1)         This section applies to an alleged offence against section 47BA(1) or (1a) of the Road Traffic Act 1961 .

        (2)         If a person expiates an offence to which this section applies the following provisions apply:

            (a)         if the person was given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence and the offence is a first offence, the Registrar must, on becoming aware of the expiation of the offence, give the person written notice that, if the person holds any licence or learner's permit when the notice is given, the licence or permit is cancelled;

            (b)         if the person was given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence (and it is not a first offence), the Registrar must, on becoming aware of the expiation of the offence, give the person written notice—

                  (i)         that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for—

                        (A)         if the offence is a second offence—9 months; or

                        (B)         if the offence is a third offence—1 year and 9 months; or

                        (C)         if the offence is a subsequent offence—2 years and 9 months; and

                  (ii)         that, if the person holds any licence or learner's permit when the notice takes effect, the licence or permit is cancelled;

            (c)         in any other case—the Registrar must, on becoming aware of the expiation of the offence, give the person written notice—

                  (i)         that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for—

                        (A)         if the offence is a first offence—3 months; or

                        (B)         if the offence is a second offence—12 months; or

                        (C)         if the offence is a third offence—2 years; or

                        (D)         if the offence is a subsequent offence—3 years; and

                  (ii)         that, if the person holds any licence or learner's permit when the notice takes effect, the licence or permit is cancelled.

        (3)         In determining whether an offence to which this section applies is a first, second, third or subsequent offence for the purposes of this section, any previous drink driving offence or drug driving offence for which the person has been convicted or that the person has expiated will be taken into account, but only if the previous offence was committed or, in the case of an offence that has been expiated, was alleged to have been committed, by the person within the prescribed period immediately preceding the date on which the offence to which this section applies is alleged to have been committed.

        (4)         For the purposes of subsection (3), the "prescribed period is 5 years.