Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021

Subject to these regulations, the Registrar must issue a driver licence of a particular class and type to an applicant if satisfied that the applicant is eligible to hold the licence.

The Registrar must issue a driver licence of a lower class than the class of licence applied for under these regulations if – the application is for a driver licence of a particular class in the hierarchy of licence classes; and the Registrar is not satisfied that the applicant is eligible to hold a licence of the class sought in the application but is eligible to hold a licence of the lower class; and on the application, the applicant asks the Registrar to issue a licence of the lower class.

A driver licence is to be issued as either or both of the following:a licence of a particular class in the hierarchy of licence classes; a motor cycle licence.

If an applicant already holds an Australian driver licence, the applicant must surrender the licence before a new driver licence is issued under these regulations.

If an applicant holds a foreign driver licence, the Registrar may require the applicant to surrender the licence before a driver licence is issued under these regulations.

The Registrar must not issue a driver licence to an applicant if the applicant would, as a result, hold 2 or more Australian driver licences.

A driver licence issued contrary to subregulation (6) is void.

The Registrar may refuse to issue a driver licence to an applicant if the applicant has failed to pay a fine or other pecuniary penalty, or an instalment of a fine or other pecuniary penalty, arising out of the use of a motor vehicle in Australia.

The Registrar may refuse to issue a driver licence if it appears appropriate to do so having regard to a judgment, order or decision of an Australian court.