Recurrent offenders
47J Recurrent offenders
If a person—
is convicted of a prescribed offence that was committed in Metropolitan
Adelaide before the prescribed day; and
has previously been convicted of a prescribed offence committed within three years before the date of the later offence, the court before which the person is convicted of the later offence must, before imposing any penalty, order the person to attend an assessment clinic, at a time or over a period specified by the court, for the purpose of submitting to an examination to determine whether the person is dependent on alcohol or drugs, or both.
The superintendent of the assessment clinic must, as soon as practicable after an examination of a convicted person has been completed under this section, furnish a report on the examination to the court by which the examination was ordered, and send a copy of the report to the convicted person.
Before the court imposes any sentence on the convicted person, it must allow that person a reasonable opportunity to call or give evidence as to any matter contained in the report.
If—
the court is satisfied, on the report of the superintendent of an assessment clinic, that a convicted person is dependent on alcohol or drugs; or
the convicted person fails to comply with an order under subsection (1) or to submit to the examination to which the order relates, the court must, despite any other provision of this Act, order that the convicted person be disqualified from holding or obtaining a driver's licence until further order.
A court that convicts a person of a prescribed offence and makes an order under subsection (4) must also determine a period, being not less than 6 months, that must elapse before the person may make an application for revocation of the disqualification (and the court must, in determining the length of such period, have regard to the minimum period of disqualification applicable to the offence and the effect (if any) of section 45B(7) or 47IAA(9) on that period).
A person who is disqualified from holding or obtaining a driver's licence under this section may, at any time after the period determined by the court in accordance with subsection (4a) has elapsed, apply to a court of summary jurisdiction for the revocation of the disqualification.
Before an application under subsection (5) is heard by the court, the applicant must attend an assessment clinic and submit to such examination as may be directed by the superintendent of the clinic.
The superintendent of an assessment clinic must furnish a report on an examination conducted under subsection (7) to the court, and send a copy of the report to the applicant.
If the court is satisfied, on an application under subsection (5)—
that the applicant is no longer dependent on alcohol or drugs; or
that there is other proper cause for revocation of the disqualification, it may order that the disqualification be revoked.
On revoking a disqualification under subsection (9), the court may order that a driver's licence issued to the applicant be subject to such conditions as the court thinks desirable to protect the safety of the public.
In any proceedings to which this section relates, an apparently genuine document purporting to be a report of the superintendent of an assessment clinic is admissible in evidence without further proof.
In this section—
assessment clinic means a place approved as an assessment clinic for the purposes of this section by the Minister to whom the administration of the
Health
Care Act 2008 is committed;
prescribed day means a day prescribed by the regulations for the purposes of this section;
prescribed offence means an offence against section 47(1),
47B(1), 47E(3) or 47I(14), but does not include an offence against section 47B(1) that is a category 1 offence.
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