Road Transport Act 2013

A disqualification from holding a driver licence imposed under Division 3 of Part 7.4 before the repeal of that Division by the amending Act does not cease to have effect because of the repeal of that Division.

Despite the repeal of Division 3 of Part 7.4, the power of a court under that Division (as in force immediately before its repeal) to quash a declaration of a person as an habitual traffic offender may continue to be exercised by a court despite its repeal.

In particular, section 220, as in force immediately before its repeal by the amending Act, continues to apply with the following modifications—

a person who was declared to be a habitual traffic offender by operation of section 217 (as in force immediately before its repeal by the amending Act) may, on or after the repeal of section 220, apply to the Local Court for the declaration to be quashed, even if the Local Court was not the court that convicted the person of the relevant offence,

the Local Court may determine the application to quash the person’s habitual traffic offender declaration, as if section 220 had not been repealed, even if the Local Court was not the court that convicted the person of the relevant offence.

Despite the repeal of section 208(2) by the amending Act, Division 2 of Part 7.4 continues not to apply in respect of a person who continues to be subject to a disqualification from holding a driver licence by the operation of this clause.