Road Transport (Driver Licensing) Regulation 2017

A person whose Australian driver licence has been suspended is not eligible to apply for a driver licence for the duration of the suspension.

Despite subclause (1), a person who is issued with a notice of licence suspension under Part 3.2 of the Act is not eligible to apply for a driver licence on and from the date the notice is issued until—

if the notice is issued under section 33 of the Act and the person elects to be of good behaviour under section 36 of the Act, the time that the person so elects, or

if the person makes no such election or the notice is issued under section 36(4) or 40(1) of the Act, the end of the licence suspension.

A person is not eligible to apply for a driver licence if—

the person is, at the time of application, disqualified from driving in any part of Australia or another country, and

in the case of a disqualification imposed in another jurisdiction or another country, the offence giving rise to the disqualification, if committed in this State, would have resulted in the person being disqualified from driving.

Nothing in this clause restricts a person on whom a mandatory interlock order or an interlock exemption order is made from applying for an interlock driver licence under Division 2 of Part 7.4 of the Act.

Subclauses (1) and (3) do not apply to an application for renewal of an interlock driver licence by a person whose interlock driver licence is suspended (unless the licence is suspended under Division 3 of Part 4 of the Fines Act 1996).

A person whose licence is suspended under Division 2 or 3 of Part 3.2 of the Act and who (before the expiration of the period of licence suspension) is subsequently disqualified from driving, remains ineligible to apply for a driver licence, after the period of disqualification ends, for a further period equivalent to the unexpired portion of the period of licence suspension.