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

A person is eligible to hold an ancillary certificate authorising the holder to provide driving instruction in the driving of a particular class of motor vehicle if the person – has held an Australian driver licence, other than a learner licence or a provisional licence, authorising the person to drive motor vehicles – for an aggregate period of at least 3 years; and for at least 12 months in the previous period of 3 years; and holds a current Australian driver licence to drive motor vehicles; and has attained the age of 21 years; and has the knowledge and experience necessary to provide instruction in the driving of motor vehicles of the relevant class; and is in all other respects a suitable person to provide instruction in the driving of motor vehicles of the relevant class.

In calculating the period for which a person has held an Australian driver licence – the Registrar must exclude any period for which – the person has been disqualified from driving by an Australian court or by the operation of an automatic statutory penalty; or the licence has been suspended; and if the person has held a licence to drive a motor vehicle in an external territory or foreign country, the Registrar may take into account the period, or some of the period, for which the person held such a licence as if the licence had been an Australian driver licence.

The Registrar may require an applicant for an ancillary certificate in driving instruction to do either or both of the following:to undergo a test or assessment, or provide other evidence to the Registrar's satisfaction, of the applicant's competence and suitability to provide instruction in driving motor vehicles of the class for which the certificate is sought; to successfully complete all or part of a training course specified by the Registrar.

If the Registrar requires an applicant for an ancillary certificate in driving instruction to successfully complete part of a training course, the conditions of the certificate, if issued, may provide that the holder must successfully complete the remainder of the course within a specified time.

The conditions of an ancillary certificate in driving instruction may provide that the holder must periodically satisfy the Registrar, through the successful completion of specified training courses or other means, of the holder's continuing competence and suitability to provide instruction in driving motor vehicles of the class for which the certificate has been issued.