(1)  A person must not drive a motor vehicle on a public street in Tasmania if the person is disqualified from driving by –

(a) an Australian court under an Act of this or any other State or a Territory; or

(b) an automatic statutory penalty.

Penalty:  In the case of –

(a) a first offence –

(i) a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(ii) a further period of disqualification, not exceeding 3 years, fixed by the court; and

(b) a second or subsequent offence –

(i) a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both; and

(ii) a further period of disqualification, not exceeding 5 years, fixed by the court.

(2)  Subsection (1) does not apply to –

(a) a person who drives a motor vehicle as authorised by a restricted driver licence; or

(b) a person who drives a motor vehicle while subject to a disqualification imposed under the Road Safety (Alcohol and Drugs) Act 1970 .

(3)  A police officer who has reasonable grounds to suspect that a person has committed an offence against subsection (1) may exercise either or both of the following powers:

(a) arrest the person without warrant;

(b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.

(4)  A person entitled to possession of an impounded vehicle may collect the vehicle, or have it collected, from the place to which it has been removed for safe-keeping on payment of the reasonable cost of impounding and removing the vehicle and of its safe-keeping.

(5)  A court may, on convicting a person of an offence against subsection (1) , order the convicted person to pay the reasonable cost of impounding and removing the vehicle and of its safe-keeping.

(6)  A person must not employ, cause or permit another to drive a motor vehicle on a public street if the other person is disqualified from driving.

Penalty:  In the case of –

(a) a first offence –

(i) for a body corporate – a fine not exceeding 200 penalty units; and

(ii) for an individual – a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(b) a second or subsequent offence –

(i) for a body corporate – a fine not exceeding 400 penalty units; and

(ii) for an individual – a fine not exceeding 80 penalty units or imprisonment for a term not exceeding 12 months, or both.

(7)  It is a defence to a charge of an offence against subsection (6) to prove that the defendant did not know, and could not reasonably be expected to have known, that the driver was disqualified from driving.