ROAD TRAFFIC ACT 1961 - SECT 47J
ROAD TRAFFIC ACT 1961 - SECT 47J
(a) is
convicted of a prescribed offence that was committed in Metropolitan Adelaide
before the prescribed day; and
(b) has
previously been convicted of a prescribed offence committed within three years
before the date of the later offence,
the court before which the person is convicted of the later offence must,
before imposing any penalty, order the person to attend an assessment clinic,
at a time or over a period specified by the court, for the purpose of
submitting to an examination to determine whether the person is dependent on
alcohol or drugs, or both.
(2) The superintendent
of the assessment clinic must, as soon as practicable after an examination of
a convicted person has been completed under this section, furnish a report on
the examination to the court by which the examination was ordered, and send a
copy of the report to the convicted person.
(3) Before the court
imposes any sentence on the convicted person, it must allow that person a
reasonable opportunity to call or give evidence as to any matter contained in
the report.
(a) the
court is satisfied, on the report of the superintendent of an
assessment clinic, that a convicted person is dependent on alcohol or drugs;
or
(b) the
convicted person fails to comply with an order under subsection (1) or to
submit to the examination to which the order relates,
the court must, despite any other provision of this Act, order that the
convicted person be disqualified from holding or obtaining a driver's licence
until further order.
(4a) A court that
convicts a person of a prescribed offence and makes an order under
subsection (4) must also determine a period, being not less than
6 months, that must elapse before the person may make an application for
revocation of the disqualification (and the court must, in determining the
length of such period, have regard to the minimum period of disqualification
applicable to the offence and the effect (if any) of section 45B(7) or
47IAA(9) on that period).
(5) A person who is
disqualified from holding or obtaining a driver's licence under this section
may, at any time after the period determined by the court in accordance with
subsection (4a) has elapsed, apply to a court of summary jurisdiction for
the revocation of the disqualification.
(7) Before an
application under subsection (5) is heard by the court, the applicant
must attend an assessment clinic and submit to such examination as may be
directed by the superintendent of the clinic.
(8) The superintendent
of an assessment clinic must furnish a report on an examination conducted
under subsection (7) to the court, and send a copy of the report to the
applicant.
(9) If the court is
satisfied, on an application under subsection (5)—
(a) that
the applicant is no longer dependent on alcohol or drugs; or
(b) that
there is other proper cause for revocation of the disqualification,
it may order that the disqualification be revoked.
(10) On revoking a
disqualification under subsection (9), the court may order that a
driver's licence issued to the applicant be subject to such conditions as the
court thinks desirable to protect the safety of the public.
(11) In any
proceedings to which this section relates, an apparently genuine document
purporting to be a report of the superintendent of an assessment clinic is
admissible in evidence without further proof.
(12) In this
section—
"assessment clinic" means a place approved as an assessment clinic for the
purposes of this section by the Minister to whom the administration of the
Health Care Act 2008 is committed;
"prescribed day" means a day prescribed by the regulations for the purposes of
this section;
"prescribed offence" means an offence against section 47(1), 47B(1),
47E(3) or 47I(14), but does not include an offence against section 47B(1) that
is a category 1 offence.