Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 30A

Court may extend suspension or disqualification period even if offence not committed

30A. Court may extend suspension or disqualification period even if offence
not committed



(1) This section applies if a person is found not guilty of an offence against
section 30 on the grounds that he or she was not aware at the relevant time-

   (a)  that his or her authorisation had been suspended; or

   (b)  that he or she was disqualified from obtaining an authorisation.

(2) The court hearing the matter may order that the person serve a period of
suspension or disqualification that is in substitution for any of the period
of suspension or disqualification that applied to the person at the relevant
time during which the person was not aware of the suspension or
disqualification.

(3) The maximum period that the court may impose under subsection (2) is a
period equal to the period between-

   (a)  when the person's authorisation was suspended, or when the period of
        disqualification started; and

   (b)  when the person was made aware of the suspension or disqualification,
        or the period of suspension or disqualification ended, whichever is
        the earlier.

(4) For the purposes of appeal or review, any period of suspension or
disqualification imposed under subsection (2) is to be treated as if it had
been imposed for the same reason that the original period of suspension or
disqualification was imposed.