Cancellation of disqualification if service ineffective
46C Cancellation of disqualification if service ineffective
The service of a disqualification notice is not a condition precedent to a disqualification under this Division taking effect.
S. 46C(2) amended by No. 49/2019 s. 116(Sch. 1 item 90).
Despite subsection (1), if at any time after the period of 7 days after the date of issue of the notice the Secretary is satisfied that the holder of the overseas licence or the unlicensed driver has not been served with the notice, the Secretary must—
cancel the disqualification with effect from the date on which it took effect; and
determine another effective date; and
serve on the person another disqualification notice specifying the date determined under paragraph (b).
Subsection (2) does not apply if—
a person is charged with an offence against section 30 for driving during a period of disqualification from obtaining a driver licence or learner permit imposed under this Division; and
he or she is found not guilty on the grounds that he or she was not aware at the relevant time that he or she was disqualified from obtaining a driver licence or learner permit.
Note
In the circumstances set out in this subsection, it is still open to a court under section 30A to order that the person serve an additional period of disqualification of up to the period specified in section 30A(3).
S. 46D inserted by No. 74/2013 s. 4.
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