Power of Secretary to require tests to be undergone
27 Power of Secretary to require tests to be undergone
S. 27(1) substituted by No. 28/2009 s. 6(1), amended by Nos 5/2016 s. 37(Sch. 2 item 5(a)), 49/2019 ss 116(Sch. 1 item 53(a)), 120(1).
Subject to subsection (3A), the Secretary may require a relevant person to undergo a test or assessment to determine—
if the person is unfit to drive motor vehicles or a category of motor vehicles; or
if it is dangerous for the person to drive motor vehicles or a category of motor vehicles; or
S. 27(1)(c) amended by No. 5/2016 s. 36(Sch. 1 item 10(a)).
whether any driver licence or learner permit held by the person should be subject to conditions and, if conditions are to be imposed, the type of conditions to be imposed.
S. 27(1A) inserted by No. 74/2013 s. 17(1), amended by Nos 5/2016 s. 37(Sch. 2 item 5(a)), 68/2017 s. 44, 49/2019 ss 116(Sch. 1 item 53(a)), 120(1).
Subject to subsection (3A), the Secretary may require a person who is authorised under the regulations to drive a motor vehicle on a highway to undergo a test or assessment to determine—
if the person is unfit to drive motor vehicles or a category of motor vehicles; or
if it is dangerous for the person to drive motor vehicles or a category of motor vehicles.
S. 27(2) substituted by No. 28/2009 s. 6(1), amended by No. 74/2013 s. 17(2).
For the purposes of subsections (1) and (1A), the person may be required to undergo—
S. 27(2)(a) amended by No. 5/2016 s. 37(Sch. 2 item 5(b)(i)).
a test or assessment in relation to the person's fitness, including a test or assessment in relation to the person's health or medication the person is taking and its effect on the person's ability to drive; or
S. 27(2)(b) amended by No. 5/2016 s. 37(Sch. 2 item 5(b)(ii)).
a test or assessment in relation to the person's competence; or
S. 27(2)(c) amended by Nos 5/2016 s. 37(Sch. 2 item 5(b)(ii)), 49/2019 s. 116(Sch. 1 item 53(a)).
any other test or assessment the Secretary considers necessary and appropriate in the circumstances.
S. 27(3) substituted by No. 28/2009 s. 6(1), amended by Nos 74/2013 s. 17(3)(a), 5/2016 s. 37(Sch. 2 item 5(c)), 49/2019 s. 116(Sch. 1 item 53(b)(i)).
If the Secretary requires a person to undergo a test or assessment under this section—
S. 27(3)(a) amended by No. 5/2016 s. 37(Sch. 2 item 5(c)).
the test or assessment must be carried out—
S. 27(3)(a)(i) amended by No. 5/2016 s. 37(Sch. 2 item 5(c)).
by a person of the class prescribed in relation to that class of test or assessment; and
in accordance with any relevant guidelines; and
S. 27(3)(b) amended by Nos 74/2013 s. 17(3)(b), 5/2016 s. 37(Sch. 2 item 5(c)), 49/2019 s. 116(Sch. 1 item 53(b)(ii)).
the use of the results of the test or assessment by the Secretary to determine a matter referred to in subsections (1) and (1A) must be in accordance with any relevant guidelines.
S. 27(3A) inserted by No. 49/2019 s. 120(2).
The Secretary must not use or disclose any information collected or received by the Secretary under section 90J(1) in relation to the accessible parking permit scheme in the exercise of any power under this section.
S. 27(4) amended by Nos 5/2016 s. 37(Sch. 2 item 5(d)), 49/2019 s. 116(Sch. 1 item 53(c)).
No action may be taken against a person who carries out a test or assessment under this section and who expresses to the Secretary an opinion formed by that person as a result of the test or assessment.
S. 27(5) amended by Nos 5/2016 s. 25(1), 49/2019 s. 116(Sch. 1 item 53(c)).
No action may be taken against a person who, in good faith, reports to the Secretary any information which discloses or suggests that a person is unfit to drive or that it may be dangerous to allow that person to hold or be granted a driver licence, a driver licence variation, a learner permit or a learner permit variation.
S. 27(6) inserted by No. 28/2009 s. 6(2).
In this section—
S. 27(6) def. of accessible parking permit scheme inserted by No. 49/2019 s. 120(3).
accessible parking permit scheme has the same meaning as in section 90I;
S. 27(6) def. of relevant guidelines amended by No. 5/2016 s. 37(Sch. 2 item 5(e)).
relevant guidelines, in relation to a test or assessment undergone by a person, means guidelines issued by the Minister under section 96B that are relevant to the test or assessment;
S. 27(6) def. of relevant person amended by No. 5/2016 ss 25(2), 36(Sch. 1 item 10(b)).
relevant person means a person who is—
the holder of a driver licence or a learner permit; or
an applicant for a driver licence or a learner permit; or
an applicant for the variation of a driver licence; or
an applicant for the variation of a learner permit.
S. 28 amended by No. 44/1989 s. 41(Sch. 2 item 34.4).
This provision refers to the regulations (the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
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