Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies to the following offences:
(a) an offence against section 60 (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against the Road Transport (Safety and Traffic Management) Act 1999
, section 5C (Failing to stop motor vehicle for police);
(b) an offence against the Road Transport (Safety and Traffic Management) Act 1999
, section 5A (1) or (5) (which are about races, attempts on speed records, speed trials etc);
(c) an offence against the Road Transport (Safety and Traffic Management) Act 1999
, section 5B (2) or (4) (which are about improper use of a motor vehicle);
(d) an offence against the Road Transport (Safety and Traffic Management) Act 1999
, section 5C (which is about failing to stop a motor vehicle when asked or signalled to do so by a police officer);
(e) an offence against the Road Transport (Safety and Traffic Management) Act 1999
, section 6 (1) (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that section);
(f) an offence (including an aggravated offence) against the Road Transport (Safety and Traffic Management) Act 1999
, section 7 (1) (which is about furious, reckless or dangerous driving);
(g) an offence against the Road Transport (Safety and Traffic Management) Act 1999
, section 8 (1) or (2) (which are about menacing driving);
(h) an offence against the Road Transport (Road Rules) Regulation 2017
, section 20 (Obeying speed limit), if the driver exceeds the speed limit applying to the driver by more than 45km/h.
(2) If a court convicts a person, or finds a person guilty, of an offence to which this section applies, the person is automatically disqualified from holding or obtaining a driver licence—
(a) for a first offender—for 3 months or, if the court orders a longer period, the longer period; or
(b) for a repeat offender—for 12 months or, if the court orders a longer period, the longer period.
(3) However, if a court convicts a person, or finds a person guilty, of an offence mentioned in subsection (1) (e), the person is automatically disqualified from holding or obtaining a driver licence—
(a) if the offence occasions death—
(i) for a first offender—for 9 months; or
(ii) for a repeat offender—for 18 months; or
(b) if the offence occasions grievous bodily harm—
(i) for a first offender—for 6 months; or
(ii) for a repeat offender—for 12 months; or
(c) if the court orders a longer period for an offender than applies to the offender under paragraph (a) or (b)—for the longer period.
(4) Also, if a court convicts a person, or finds a person guilty, of an aggravated offence mentioned in subsection (1) (f), the person is automatically disqualified from holding or obtaining a driver licence for 12 months or, if the court orders a longer period, the longer period.
(5) If the person is already disqualified from holding or obtaining a driver licence, or the person's driver licence is suspended, the disqualification under this section takes effect at the end of the existing disqualification or suspension.
(6) A disqualification under this section is in addition to any penalty imposed for the offence.