Traffic Act 1987

(1) A person commits an offence if, while there is in the person's body a prohibited drug, the person:

(b) is a driving instructor occupying a passenger seat in a vehicle for the purpose of instructing another person to drive the vehicle.

Maximum penalty: For a first offence – 5 penalty units or imprisonment for 3 months.

For a second or subsequent offence –7.5 penalty units or imprisonment for 6 months.

(2) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:

(b) driving with a prohibited drug in the body contrary to subsection (1), as in force both before and after 1 February 2016;

(d) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).

(3) For subsection (2)(b), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.

(4) If a court finds a person guilty of a relevant offence that is a second or subsequent offence, the person's licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:

(a) for a second offence – for a minimum period of 3 months; or

(b) for a subsequent offence – for a minimum period of 6 months.

(5) A relevant offence that is a second or subsequent offence is an immediate suspension offence.