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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 35

Automatic driver licence disqualification—immediate suspension period

    (1)     This section applies to a person if the person—

        (a)     is given an immediate suspension notice; and

        (b)     is convicted or found guilty of the immediate suspension offence to which the notice relates; and

        (c)     is disqualified under this part from holding or obtaining a driver licence.

    (2)     The period for which the person is disqualified under this part from holding or obtaining a driver licence (including any period of minimum disqualification under section 32 or section 33) is reduced by the period that—

        (a)     if the person is the holder of a driver licence—the person's driver licence was suspended under the Road Transport (General) Act 1999

, section 61B; or

        (b)     if the person is the holder of an interstate driver licence or an external driver licence—the person's right to drive in the ACT was suspended under the Road Transport (General) Act 1999

, section 61B.

    (3)     However, subsection (2) does not apply if, on hearing the charge for the immediate suspension offence, a court is satisfied that the person did not comply with the immediate suspension notice.

    (4)     In this section:

"immediate suspension notice"—see the Road Transport (General) Act 1999

, dictionary.

"immediate suspension offence"—see the Road Transport (General) Act 1999

, dictionary.



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