(1)  For the purposes of this section –

(a) the Table means the Table at the end of this section; and

(b) a person is guilty of a subsequent offence if that person has previously been convicted of an offence under section 4 , section 6 , section 6A(1) or section 14(5) or an offence in respect of a failure to comply with a requirement made under section 10 (4) or section 10A(1) or (1A) .

(2)  The application of this section does not extend to an offence committed before the commencement of the Road Safety (Alcohol and Drugs) Amendment Act 1991 .

(3)  Subject to subsection (5) , a court that convicts a person of an offence specified in column 1 of the Table –

(a) must –

(i) impose a fine of an amount not less than the minimum amount shown in the Table and not more than the maximum amount shown in the Table; or

(ii) impose a term of imprisonment for a term not exceeding the term shown in the Table; or

(iii) impose both that fine and that term of imprisonment; and

(b) must, in addition, disqualify the person from driving for a period not less than the minimum period shown in the Table and not more than the maximum period shown in the Table.

(3A)  When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person against whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999 .

(3B)  Section 17(3) of the Vehicle and Traffic Act 1999 does not apply to a suspension or cancellation of an Australian driver licence in accordance with subsection (3A) .

(4)  For the purposes of subsection (3) –

(a) the relevant fine, period of disqualification and term of imprisonment for a first offence specified in column 1 of the Table is, in the case of an offence under section 6 , to be ascertained by reference to the concentration of alcohol in the breath or blood of the offender as specified in column 2 of Part 1 of the Table ; and

(b) the relevant fine, period of disqualification and term of imprisonment for a subsequent offence is to be ascertained by reference to the concentration of alcohol in the breath or blood of the offender as specified in column 2 of Part 2 of the Table .

(5)  Notwithstanding subsection (3) , if a person who is convicted of an offence referred to in column 1 of the Table satisfies the court which convicted the person that there are special circumstances why the minimum fine specified in the Table or the minimum period of disqualification specified in the Table should not be imposed, the court may impose a lesser fine or a lesser period of disqualification.

TABLE

		PART 1 - FIRST OFFENCE
Column 1	Column 2	Column 3	Column 4	Column 5
Section of Act or offence	Concentration of alcohol in breath in grams per 210 litres of breath or in blood in grams per 100 millilitres of blood	Fine	Period of disqualification	Term of imprisonment
Section 6 (2)	less than 0·05	Minimum 2 penalty units Maximum 10 penalty units	Minimum 3 months Maximum 12 months	3 months
Section 6	0·05 or more but less than 0·1	Minimum 2 penalty units Maximum 10 penalty units	Minimum 3 months Maximum 12 months	3 months
	0·1 or more but less than 0·15	Minimum 4 penalty units Maximum 20 penalty units	Minimum 6 months Maximum 18 months	6 months
	0·15 or more	Minimum 5 penalty units Maximum 30 penalty units	Minimum 12 months Maximum 36 months	12 months
Section 4 or 14 (5) or failure to comply with a requirement made under section 10 (4) or 10A (1)		Minimum 5 penalty units Maximum 30 penalty units	Minimum 12 months Maximum 36 months	12 months
Section 6A(1)	Not applicable	Minimum 2 penalty units Maximum 10 penalty units	Minimum 3 months Maximum 12 months	3 months

TABLE

		PART 2 - SUBSEQUENT OFFENCE
Column 1	Column 2	Column 3	Column 4	Column 5
Section of Act or offence	Concentration of alcohol in breath in grams per 210 litres of breath or in blood in grams per 100 millilitres of blood	Fine	Period of disqualification	Term of imprisonment
Section 6 (2)	less than 0·05	Minimum 4 penalty units Maximum 20 penalty units	Minimum 6 months Maximum 24 months	6 months
Section 6	0·05 or more but less than 0·1	Minimum 4 penalty units Maximum 20 penalty units	Minimum 6 months Maximum 24 months	6 months
	0·1 or more but less than 0·15	Minimum 8 penalty units Maximum 40 penalty units	Minimum 12 months Maximum 36 months	12 months
	0·15 or more	Minimum 10 penalty units Maximum 60 penalty units	Minimum 24 months Maximum 72 months	24 months
Section 4 or 14 (5) or failure to comply with a requirement made under section 10 (4) or 10A (1)		Minimum 10 penalty units Maximum 60 penalty units	Minimum 24 months Maximum 72 months	24 months
Section 6A(1)	Not applicable	Minimum 4 penalty units Maximum 20 penalty units	Minimum 6 months Maximum 24 months	6 months