Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
67 Disqualified repeat offender not eligible for restricted licence—automatic disqualification provisions
(1) This section applies to a person if the person is—
(a) disqualified from holding or obtaining a driver licence under an automatic disqualification provision; and
(b) a repeat offender for the offence to which the disqualification relates.
(2) The person is not eligible to apply for, or be issued with, a restricted driver licence during the period of disqualification.
67A Eligibility of disqualified first offender for restricted licence—automatic disqualification provisions
(1) This section applies to a person if the person is—
(a) disqualified from holding or obtaining a driver licence under an automatic disqualification provision; and
(b) a first offender for the offence to which the disqualification relates.
(2) Subsection (3) applies to the person if—
(a) the person is disqualified from holding or obtaining a driver licence under the Road Transport (Alcohol and Drugs) Act 1977 , section 32 (Automatic driver licence disqualification—first offenders, s 19) because the person was convicted or found guilty of an offence against that Act, section 19; and
(b) when the person committed the offence the person was either—
(i) a special driver with a concentration of alcohol of 0.05g or more in 100mL of the person's blood or 210L of the person's breath; or
(ii) a driver other than a special driver with a concentration of alcohol of 0.1g or more in 100mL of the person's blood or 210L of the person's breath when the person committed the offence.
(3) The person is not eligible to apply for, or be issued with, a restricted licence during the period of disqualification.
(4) Subsection (5) applies to the person if the person is disqualified from holding or obtaining a driver licence under an automatic disqualification provision, other than the Road Transport (Alcohol and Drugs) Act 1977 , section 32.
(5) The person is not eligible to apply for, or be issued with, a restricted licence until the end of the minimum period of disqualification applying to the person under the automatic disqualification provision in relation to the offence (whether or not the period is expressed to be such a minimum period).
Examples—minimum periods of disqualification
1 For s 62, the minimum period of disqualification is 6 months (see s 62 (1) (a)).
2 For the Road Transport (Alcohol and Drugs) Act 1977 , s 34, the minimum period of disqualification is 6 months (see that Act, s 34 (1) (b)).
3 For the Road Transport (Driver Licensing) Act 1999 , s 32 (1), (2) or (3), the minimum period of disqualification is 12 months (see that Act, s 32 (5) (a)).
Note 1 The Road Transport (Alcohol and Drugs) Act 1977 , s 32 applies to first offenders and only applies for this section if the offender has a limited concentration of alcohol in his or her blood or breath. That Act, s 33, applies to repeat offenders.
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(6) In this section:
"special driver"—see the Road Transport (Alcohol and Drugs) Act 1977 , dictionary.
67B Person disqualified until court order not eligible for restricted licence
(1) This section applies to a person if the person is disqualified from holding or obtaining a driver licence under section 65 (Disqualification until court order).
(2) The person is not eligible to apply for, or be issued with, a restricted licence during the period of disqualification.
67C Disqualification while holder of restricted licence
(1) This section applies to a person who is the holder of a restricted licence and 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.
(2) The person is not eligible to apply for, or be 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.