Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) a person is disqualified (whether or not by court order) from holding or obtaining a driver licence because of being convicted, or found guilty, of an offence, or offences, against the road transport legislation or any other territory law; and
(b) the total period of disqualification (the compulsory disqualification period ) is 12 months or more.
(2) If the court that convicts the person, or finds the person guilty, of an offence mentioned in subsection (1) is satisfied, after considering the matters mentioned in subsection (7) and any other matters the court considers relevant, that it is necessary in the public interest to do so, the court may disqualify the person from holding or obtaining a driver licence from the end of the compulsory disqualification period until the disqualification is set aside under subsection (3).
(3) If a court is satisfied, on application by a person who is disqualified under subsection (2) and after considering the matters mentioned in subsection (7) and any other matters the court considers relevant, that the disqualification is no longer necessary in the public interest, it may set the disqualification aside.
(4) An application under subsection (3) must be given to the registrar of the court with an affidavit of the applicant setting out the grounds of the application.
(5) The respondents to an application are the road transport authority and the chief police officer.
(6) If the Magistrates Court commits a person mentioned in subsection (1) to the Supreme Court for sentence under the Magistrates Court Act 1930
, section 92A, subsection (2) applies as if the Supreme Court had convicted the person.
(7) For subsection (2) or (3), the court must consider the following matters:
(a) the total period for which the person concerned is, or has been, disqualified from holding or obtaining a driver licence;
(b) the person's history of offences (including offences for which infringement notices were served on the person)—
(i) against the road transport legislation or a law of another jurisdiction corresponding to it (or to part of it); or
(ii) against another law of any jurisdiction in relation to the use of motor vehicles;
(c) any relevant rehabilitation or remedial action undertaken, or to be undertaken, by the person;
(d) the risk to the safety of other road users.
(8) In this section:
"infringement notice "includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence.