Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person who is convicted or found guilty of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.
(2) A person who is convicted or found guilty of a disqualifying offence is a repeat offender in relation to the offence if—
(a) the person has been convicted or found guilty of a relevant offence committed at any time before the disqualifying offence was committed (whether or not the person had been convicted or found guilty of the relevant offence when the person committed the disqualifying offence); or
(b) the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence.
Note Found guilty , of an offence, includes having the offence taken into account under the Crimes (Sentencing) Act 2005
, s 57 (Outstanding additional offences taken into account in sentencing) (see Legislation Act
, dict, pt 1).
(3) In this section:
"disqualifying offence" means—
(a) for section 62 (Automatic disqualification for culpable driving)—an offence of culpable driving; or
(b) for section 63 (Automatic disqualification for certain other driving offences)—an offence mentioned in section 63 (1).
"relevant offence" means any of the following:
(a) an offence of culpable driving;
(b) an offence mentioned in section 63 (1).