An appeal against a licence disqualification order under the Road Transport (Alcohol and Drugs) Act 1977 (ACT) is competent under s 208(1)(e) of the Magistrates Court Act 1930 (ACT) where the offence is punishable by imprisonment, the disqualification order being an order within s 29(1)(j) of the Crimes (Sentencing) Act 2005 (ACT). Personal hardship including family circumstances, childcare responsibilities and employment impact are relevant factors in determining the appropriate period of licence disqualification. There may be no appellate jurisdiction for Level 2 drink-driving disqualifications where no penalty of imprisonment applies.
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