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MOTOR VEHICLES ACT 1959 - SECT 97A

MOTOR VEHICLES ACT 1959 - SECT 97A

97A—Visiting motorists

        (1)         Subject to this section, a person may drive a motor vehicle on roads in this State without holding a licence under this Act if—

            (a)         the person holds—

                  (i)         an interstate licence or interstate learner's permit that authorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; or

                  (ii)         an interstate licence or interstate learner's permit and an exemption under a law of the place where the licence or permit was issued from the requirement to hold a driver's licence that authorises the driving of a motor vehicle of the class to which that motor vehicle belongs; or

                  (iii)         —

                        (A)         a foreign licence that authorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; and

                        (B)         an international driving permit; or

                  (iv)         a foreign driver's licence that—

                        (A)         authorises the person to drive a motor vehicle of the class to which that motor vehicle belongs; and

                        (B)         is written in English or is accompanied by an English translation; and

            (b)         —

                  (i)         in the case of a person who holds an interstate licence or interstate learner's permit—

                        (A)         the person has not resided in this State for a continuous period of more than three months; or

                        (B)         the person has resided in this State for a continuous period of more than three months but also holds a valid Driver Identification Document issued by the Commonwealth Department of Defence; or

                  (ii)         in the case of a person who holds a foreign licence and is a permanent resident or citizen of Australia—the person has not resided in this State for a continuous period of more than 3 months; and

            (c)         the person is not disqualified from holding or obtaining—

                  (i)         an interstate licence or interstate learner's permit in any State or Territory of the Commonwealth; or

                  (ii)         a foreign licence in any country.

        (2)         If the Registrar is of the opinion that—

            (a)         a person to whom subsection (1) applies is not suitable to drive a motor vehicle in this State; or

            (b)         the ability of a person to whom subsection (1) applies to drive a motor vehicle safely is impaired due to a permanent or long-term injury or illness,

the Registrar may give the person notice in writing—

            (c)         prohibiting the person from driving a motor vehicle on roads in this State without holding a driver's licence issued under this Act while the notice is in force; and

            (d)         stating the reasons for the giving of the notice; and

            (e)         specifying any action that may be taken by the person to regain the benefit of subsection (1); and

            (f)         advising of the right to apply for a review of the decision.

        (2a)         The Registrar may revoke a notice under subsection (2) by further notice in writing to the person.

        (2b)         If the Registrar gives a person a notice under subsection (2), subsection (1) does not apply to the person while the notice is in force.

        (2c)         If the Chief Recovery Officer determines under section 40 of the Fines Enforcement and Debt Recovery Act 2017 that the operation of this section is suspended insofar as it applies to a specified person, subsection (1) does not apply to the person while the determination is in force.

        (3)         A person when driving a vehicle in this State pursuant to subsection (1) must carry the licence or permit and must produce it if requested to do so by—

            (a)         a police officer; or

            (b)         an authorised officer.

Maximum penalty: $1 250.

        (4)         If a person drives a vehicle in this State pursuant to subsection (1)—

            (a)         the person's licence or permit will, for the purposes of section 74 and any other prescribed law, be taken to be a licence or permit (as the case may be) under this Act; and

            (b)         the licence or permit is subject to any conditions that apply to the licence or permit in the jurisdiction in which it was issued (other than conditions that apply only in circumstances that are unique to that other jurisdiction or that are prescribed by the regulations) and such conditions are enforceable as if they were imposed under this Act; and

            (c)         the licence or permit will, for the purposes of a contract or policy of insurance relating to the vehicle, be taken to be a licence or permit under this Act.

        (5)         A reference in subsection (3) or (4) to a person's licence or permit includes a reference to any exemption, international driving permit or Driver Identification Document that the person is required to hold under subsection (1) in addition to an interstate licence, interstate permit or foreign licence.

        (6)         In this section—

"Contracting State" means a foreign country that is a signatory to the United Nations Convention on Road Traffic , Geneva, 1949;

"international driving permit" means a permit issued by—

            (a)         a competent authority of a Contracting State or a subdivision of such a State; or

            (b)         an association duly empowered by such an authority,

in accordance with the United Nations Convention on Road Traffic , Geneva, 1949;

"interstate learner's permit" includes a licence issued under the law of New Zealand that corresponds to a learner's permit under this Act;

"permanent resident" means a person who holds a current permanent visa under the Migration Act 1958 of the Commonwealth.