Australian Capital Territory Numbered Acts

MOTOR TRAFFIC (ALCOHOL AND DRUGS) (NO. 51 OF 1997) - SECT 7

7. Section 25 of the Principal Act is amended—

        (a)     by omitting from subsection (1) the definition of “first offender” and substituting the following definition:

“ ‘first offender', in relation to an offence, means a person convicted of the offence other than a repeat offender;”;

        (b)     by omitting from subsection (1) the definitions of “previous offender” and “traffic infringer”;

        (c)     by inserting in subsection (1) the following definitions:

“ ‘disqualifying offence' has the meaning given by subsection (2);

‘driving licence' includes a learner licence receipt;

‘repeat offender' has the meaning given by subsection (3);”; and

    (d)     by omitting subsections (2) to (7) (inclusive) and substituting the following subsections:

“(2) For the purposes of this Part, an offence against any of the following provisions of this Act is a disqualifying offence:

        (a)     section 19 (prescribed blood alcohol concentration exceeded);

        (b)     section 22 (refusing to provide breath sample);

        (c)     section 23 (refusing blood test etc.);

        (d)     section 24 (driving under the influence of intoxicating liquor or a drug);

        (e)     an offence against any other provision of this Act that is prescribed by the regulations.

“(3) For the purposes of this Part, a person convicted of a disqualifying offence is a repeat offender in relation to that offence if, during the 5 years ending on the date of the conviction, the person has been convicted of another offence specified in subsection (4).

“(4) For the purposes of subsection (3), each of the following offences is specified:

        (a)     a disqualifying offence;

        (b)     a corresponding offence;

        (c)     an offence against any of the following provisions of the Motor Traffic Act 1936 :

              (i)     section 11D (contravening conditions on special licence);

              (ii)     subsection 129 (1) or section 147A (dangerous driving etc.);

              (iii)     subsection 129 (1A) (negligent driving);

              (iv)     section 191P (driving etc. while suspended or disqualified); or

        (d)     an offence of culpable driving.”.