Automatic licence cancellation and disqualification for certain offences
29AAS Automatic licence cancellation and disqualification for certain offences
(1) If a court finds a person guilty of a disqualifying offence, the person's licence (if any) is cancelled and person is disqualified from obtaining a licence for:
(a) the minimum period specified in relation to the offence, according to whether the offence is a first, second or subsequent offence; or
(b) if the court makes an order under subsection (4) that the person be disqualified for a period that is longer than the minimum period – the longer period ordered by the court.
(2) For subsection (1), a court which finds a person guilty of a disqualifying offence must specifically find whether the offence is the person's first, second or subsequent offence.
(3) The cancellation of the person's licence occurs automatically by operation of this Part and takes effect from the date of the finding of guilt.
(3A) The disqualification of the person from obtaining another licence is imposed automatically by operation of this Part and the period of disqualification commences from:
the date of the finding of guilt; or
(b) if the court makes an order under subsection (7) that the period of disqualification is to commence from a later date – the later date ordered by the court.
(4) The court may order that the person be disqualified from obtaining a licence for a period longer than any minimum period specified in this Part, as the court considers fit.
(5) The period of disqualification is reduced by any period of licence suspension imposed under section 29AAN in relation to the same offence.
(6) The court may make an order under subsection (7) in relation to a period of disqualification imposed on a person on the finding of guilt for a disqualifying offence in either or both of the following circumstances:
(a) if the person is found guilty of more than one disqualifying offence;
(b) if, at the time the person is found guilty, the person is already disqualified from obtaining a licence for a period that had not yet expired in respect of:
a previous disqualifying offence; or
any other previous offence under this Act or another Act.
(7) The court may, if the court considers it appropriate, order that a period of disqualification imposed on the person for a disqualifying offence is to:
(a) be partly or wholly cumulative on another period of disqualification to which the person is or will be subject; and
(b) commence from a date that is subsequent to the date on which the person is found guilty of that disqualifying offence.
In this section:
disqualifying offence means an offence under this Part for which a minimum period of disqualification from obtaining a licence is specified.
This Act’s bill:Second reading speech
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