(2)     If a person is disqualified from holding or obtaining a driver licence under a special disqualification provision because being convicted, or found guilty, of an offence, the person is not eligible to apply for, or be issued with, a restricted licence during the period that is the relevant period under subsection (3).

(3)     For subsection (2), the relevant period is—

        (a)     if the person is a first offender for the special disqualification provision in relation to the offence—the minimum period of disqualification applying to the person under the provision in relation to the offence (whether or not the period is expressed to be such a minimum period); or

        (b)     if the person is a repeat offender for the special disqualification provision in relation to the offence—the period for which the person is disqualified for the offence.

Examples of minimum period disqualification

1     For section 62, the minimum period of disqualification is 6 months (see
par 62 (1) (a)).

2     For section 34 of the Road Transport (Alcohol and Drugs) Act 1977 , the minimum period of disqualification is 6 months (see par 34 (1) (b) of that Act).

3     For subsection 32 (1), (2) or (3) of the Road Transport (Driver Licensing) Act 1999 , the minimum period of disqualification is 12 months (see par 32 (6) (a) and s 32 (9) of that Act).

Note     Section 33 of the Road Transport (Alcohol and Drugs) Act 1977 applies only to repeat offenders. Section 32 of that Act applies to first offenders, but is not a special disqualification provision.

(4)     If a person is disqualified by order under section 65 (Disqualification until court order) from holding or obtaining a driver licence, the person is not eligible to apply for, or be issued with, a restricted licence.

(5)     If a person who is the holder of a restricted licence is disqualified (whether or not by court order) from holding or obtaining a driver licence because of being convicted or found guilty by a court in Australia of an offence against the law of any jurisdiction, the person is disqualified from applying for, or being issued with, another restricted licence for the remainder of the period for which the person was originally disqualified from holding or obtaining a driver licence.

Note     The following provisions of the road transport legislation also contain limitations on the issue of restricted licences—

              •     subsection 45 (3) (which is about suspension for nonpayment of an infringement notice)

              •     subsection 66 (7) (which is about the effect of a person being disqualified from holding or obtaining a driver licence for 12 months or more)

              •     subsection 88 (4) (which is about suspension or disqualification for default in payment of an outstanding fine)

              •     subsections 18 (4), 19 (7), 20 (3) and 21 (7) of the Road Transport (Driver Licensing) Act 1999 (which are about suspension or licence ineligibility under the demerit points system)

              •     subsection 33 (5) of the Road Transport (Driver Licensing) Act 1999 (which is about cancellation of a restricted licence because of contravention of its conditions)

              •     the regulations made under the Road Transport (Driver Licensing) Act 1999 .