Road Safety Act 1986

The giving of a notice of appeal under section 46H against a suspension or disqualification does not stay the suspension or disqualification.

A person, other than an unlicensed driver, who appeals under section 46H against a suspension or disqualification may apply to the Magistrates' Court for a stay of the suspension or disqualification until the appeal is determined.

On an application under subsection (2), the Magistrates' Court may order that the suspension or disqualification is stayed until—

the date on which the appeal is determined; or

if the appeal is discontinued, the date on which notice in writing of discontinuance is given in accordance with the regulations to both the Magistrates' Court and the Secretary.

The Magistrates' Court may only make an order under subsection (3), if—

the Court is satisfied that the applicant has a reasonable prospect of success with the appeal; and

in the 3 years preceding the application under subsection (2), the applicant has not had his or her driver licence or learner permit suspended or cancelled.

The Secretary must give effect to a decision of the Magistrates' Court on an application under this section.