Convictions of disqualification offences before commencement day
163 Convictions of disqualification offences before commencement day
A reference in a provision of this Act to a conviction for a disqualification offence includes a reference to such a conviction that occurred before the day on which that provision came into operation.
The commencement and end of the period for which a person is disqualified from holding or obtaining a towing business authorisation under section 31(1) is to be determined as if sections 31 and 32 had been in operation when the conviction that resulted in the disqualification, and any previous conviction of the disqualified person for a disqualification offence, occurred.
The commencement and end of the period for which a person is disqualified from holding or obtaining a towing worker authorisation under section 64(1)(b) is to be determined as if sections 64 and 65 had been in operation when the conviction that resulted in the disqualification, and any previous conviction of the disqualified person for a disqualification offence, occurred.
Examples for this section:
1. The following is an example of how the period for which a person is disqualified from holding or obtaining a towing business authorisation is determined if the person is convicted of a disqualification offence before the day (commencement day) on which section 31 comes into operation.
Two years before commencement day, the person is convicted of a disqualification offence for which the prescribed disqualification period is 3 years.
Under subsection (2), section 31 applies for the purposes of determining the commencement and end of the period for which the person is disqualified as a result of the conviction as if that section had been in force when the conviction occurred.
Applying section 31 in this way, the period for which the person is disqualified ends on the last day of the period of 3 years beginning on the day of conviction.
Accordingly, on commencement day, the person remains disqualified for 1 year.
2. The following is an example of how the period for which an individual is disqualified from holding or obtaining a towing worker authorisation is determined if the individual has been convicted of 2 disqualification offences before the day (commencement day) on which section 64 comes into operation.
Three years before commencement day, the individual is convicted of a disqualification offence (offence A) for which the prescribed disqualification period is 2 years.
Two years before commencement day, the individual is convicted of a further disqualification offence (offence B) for which the prescribed disqualification period is also 2 years.
Under subsection (3), sections 64 and 65 apply for the purposes of determining the commencement and end of the periods for which the individual is disqualified as a result of the convictions as if those sections had been in force when the convictions occurred.
Applying sections 64 and 65 in that way, the period of disqualification resulting from offence A ends on the last day of the period of 2 years commencing on the day of conviction. The period of disqualification resulting from offence B commences on the next day after the end of the period of disqualification resulting from offence A and ends on the last day of the period of 2 years commencing on that day.
Accordingly, on commencement day the individual remains disqualified for 1 year.
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