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SENTENCING ACT 1997 - SECT 55 Power of court to disqualify driver on conviction for certain offences

SENTENCING ACT 1997 - SECT 55

PART 7 - Driving disqualification orders Power of court to disqualify driver on conviction for certain offences

(1)  In this section –
motor vehicle offence means –
(a) an offence against section 32 of the Traffic Act 1925 ; or
(b) an indictable offence arising out of the driving, operation or use of a motor vehicle or in the commission of which a vehicle was used or the commission of which was facilitated by a motor vehicle, including any such indictable offence that is triable by a court of petty sessions.
(2)  A court that convicts an offender of a motor vehicle offence may, in addition to imposing any other penalty to which the offender is liable –
(a) order that the offender be disqualified, either for a specified period or until further ordered by a court, from driving; and
(b) if the court thinks fit order that the offender is not, at the end of the period of disqualification or on the removal of the disqualification, to be granted a driver licence unless the offender passes such driving test or attends such driver training course, or both, as the Registrar of Motor Vehicles may direct or approve.
(3)  If an order is made under this section requiring an offender who is disqualified from driving to pass a driving test or to attend a driver training course, then the offender may not obtain a driver licence until whichever of the following last occurs:
(a) the expiration of the period of disqualification;
(b) if the person has been ordered to pass a driving test– the passing of the test;
(c) if the person has been ordered to attend a driver training course– the completion of the course;
(d) if the person has been ordered to pass a driving test and attend a driver training course– the passing of the test and the completion of the course.
(4)  Subject to subsection (5) , if a court imposes a disqualification from driving under this section against the holder of an Australian driver licence, the court must either suspend or cancel the licence as follows:
(a) if the disqualification is for 4 months or less– the licence is to be suspended;
(b) if the disqualification is for more than 4 months– the licence is to be cancelled.
(5)  The court may, instead of cancelling a licence that is liable to cancellation under subsection (4) , suspend the licence if the court thinks there is good reason to do so.