Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts10. Sections 31 to 35 (inclusive), and Parts V and VI, of the Principal Act are repealed and the following sections substituted:
“31. (1) Where the holder of a driving licence is convicted of a disqualifying offence, the Court may cancel the person's driving licence.
“(2) The cancellation takes effect in accordance with subsection 35 (1).
“32. (1) This section applies only to first offenders.
“(2) Where a Court convicts a special driver of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person's blood was at a level specified in the second column of the table at the end of this section, the Court may disqualify the person from holding a driving licence for a period not exceeding the period specified in the third column of the table opposite that level.
“(3) Where a Court convicts a person other than a special driver of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person's blood was at level 2, 3 or 4, the Court may disqualify the person from holding a driving licence for a period not exceeding the period specified in the third column of the table opposite that level.
1 | Level 1 | 3 months |
| 2 | Level 2 | 6 months |
| 3 | Level 3 | 12 months |
| 4 | Level 4 | 3 years |
“33. (1) This section applies only to repeat offenders.
“(2) Where a Court convicts a special driver of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person's blood was at a level specified in the second column of the table at the end of this section, the Court may disqualify the person from holding a driving licence for a period not exceeding the period specified in the third column of the table opposite that level.
“(3) Where a Court convicts a person other than a special driver of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person's blood was at level 2, 3 or 4, the Court may disqualify the person from holding a driving licence for a period not exceeding the period specified in the third column of the table opposite that level.
1 | Level 1 | 12 months |
| 2 | Level 2 | 12 months |
| 3 | Level 3 |
3 years |
| 4 | Level 4 | 5 years |
“34. (1) Where a Court convicts a first offender of a disqualifying offence, other than an offence against subsection 19 (1), the Court may disqualify the person from holding a driving licence for a period not exceeding 3 years.
“(2) Where a Court convicts a repeat offender of a disqualifying offence, other than an offence against subsection 19 (1), the Court may disqualify the person from holding a driving licence for a period not exceeding 5 years.
“35. (1) Where a driving licence is cancelled under section 31 and the former licensee is disqualified from holding a driving licence under section 32, 33, 34 or 37, the cancellation and disqualification take effect—
(a) on the relevant conviction by the Court; or
(b) if the Court specifies a later date of effect—on the date specified.
“(2) Where a person who is not the holder of a driving licence is disqualified from holding a driving licence under section 32, 33 or 34, the disqualification takes effect on the relevant conviction by the Court.
“36. Where a person, other than a special licensee, is disqualified from holding a driving licence under section 32, 33 or 34, the disqualification has effect subject to the grant of a special licence.
“37. (1) Where a person's special licence is cancelled by force of section 31, then, under this subsection—
(a) any suspended licence granted to the person is cancelled together with the special licence; and
(b) the person is disqualified from holding another special licence during the remainder of the period for which the person was originally disqualified.
“(2) A disqualification by force of subsection (1) is in addition to any other disqualification from holding a driving licence imposed on the person under section 32, 33 or 34 or any other law of the Territory.
“(3) For the purposes of subsection (1), the period for which a person was originally disqualified is the period during which the person was disqualified from holding a driving licence, disregarding the period for which the special licence was granted.
“38. The powers of a Court under this Part are in addition to any other powers of the Court.
“39. The Registrar of a Court shall give to the Registrar of Motor Vehicles particulars of—
(a) each conviction by the Court of a person of a disqualifying offence; and
(b) each period of disqualification specified by the Court in relation to such a conviction.”.