Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the holder
of a driver’s licence that is a provisional licence —
(a) is
convicted of an offence —
(i)
mentioned in section 277 of The Criminal Code and
the offence arose out of the driving by him of a motor vehicle;
(ii)
under section 378 of The Criminal Code where the
property in question was a motor vehicle;
(iii)
under section 53(1), section 54, 55, 56, 59,
59A, 61, 62, 62A, 64AA, 64A, 64AC, 89, 90 or 97; or
(iv)
under any regulation that may be prescribed for the
purposes of this section;
or
(b) is
disqualified by a court pursuant to the provisions of this or any other Act
(other than the Fines, Penalties and Infringement Notices
Enforcement Act 1994 ), from holding or obtaining a driver’s
licence,
then, that licence is,
by operation of this subsection, cancelled.
(2) A person whose
driver’s licence is cancelled by operation of subsection (1) is
disqualified from holding or obtaining a driver’s licence —
(a) for
any period for which he is so disqualified by the court; or
(b) for
a period of 3 months from the date of his conviction or, where he is
convicted on more than one occasion of an offence mentioned in
subsection (1), from the date of his latest conviction,
whichever period
terminates later.
(3) Where the holder
of a driver’s licence that is a provisional licence is disqualified
under Part VIA from holding or obtaining a driver’s licence, the
provisional licence is, by operation of this subsection, cancelled.
(4) Where a person who
is the holder of a driver’s licence that is a provisional licence is
disqualified from holding or obtaining a driver’s licence by a licence
suspension order made under the Fines, Penalties and
Infringement Notices Enforcement Act 1994 , then that licence is, by
operation of this subsection, suspended so long as the disqualification
continues in force and during the period of suspension the licence is of no
effect, but the provisions of this subsection do not operate so as to extend
the period for which the licence may be valid or effective beyond the time
when the licence would be due to expire.
(5)
Subsection (5a) applies to a person if —
(a) the
person does not hold a driver’s licence; and
(b) the
regulations would require that, if a driver’s licence were to be granted
to the person, it be a provisional licence.
(5a) Where a person to
whom this subsection applies is —
(a)
convicted of an offence such as is mentioned in subsection (1) or an
offence against section 49(1)(a); or
(b)
disqualified by a court from holding or obtaining a driver’s licence,
that person is
disqualified from holding or obtaining a licence —
(c) for
any period for which he is so disqualified by the court; or
(d) for
a period of 3 months from the date of his conviction or, where he is
convicted on more than one occasion of an offence referred to in
paragraph (a), from the date of his latest conviction,
whichever period
terminates later.
(6) Regulations made
for the purpose of subsection (1)(a)(iv) may limit the application of
that subsection to offences against the regulations that are attended by
prescribed circumstances.
[Section 51 amended by No. 105 of 1981
s. 19; No. 82 of 1982 s. 7; No. 11 of 1988 s. 10;
No. 37 of 1991 s. 21; No. 13 of 1992 s. 6; No. 92 of
1994 s. 36; No. 76 of 1996 s. 13; No. 39 of 2000
s. 29; No. 51 of 2000 s. 16; No. 28 of 2001 s. 23(2)
and (3); No. 10 of 2004 s. 7; No. 44 of 2004 s. 4; No. 54 of
2006 s. 11; No. 6 of 2007 s. 4.]
[ 52. Deleted by No. 76 of 1996 s. 14.]