Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person who is disqualified by a court in Australia or under the law of any jurisdiction from holding or obtaining an Australian driver licence must not—
(a) drive a motor vehicle on a road or road related area during the period of disqualification except in accordance with a restricted licence issued to the person; or
(b) apply for a driver licence during the period of disqualification and in, or in relation to, the application omit to mention the disqualification.
Maximum penalty:
(a) for a first offender—50 penalty units, imprisonment for 6 months or both; or
(b) for a repeat offender—100 penalty units, imprisonment for 1 year or both.
(2) A person whose Australian driver licence is suspended by a court in Australia or under the law of any jurisdiction must not—
(a) drive a motor vehicle on a road or road related area during the period of suspension except in accordance with a restricted licence issued to the person; or
(b) apply for a driver licence during the period of suspension and in, or in relation to, the application omit to mention the suspension.
Maximum penalty:
(a) for a first offender—50 penalty units, imprisonment for 6 months or both; or
(b) for a repeat offender—100 penalty units, imprisonment for 1 year or both.
(3) A person whose application for an Australian driver licence is refused in any jurisdiction, or whose Australian driver licence is cancelled by a court in Australia or under the law of any jurisdiction (other than under the Road Transport (General) Act 1999
, section 66 (1) or a corresponding provision of the law of another jurisdiction), must not—
(a) drive a motor vehicle on a road or road related area without having subsequently obtained an Australian driver licence; or
(b) apply for a driver licence and in, or in relation to, the application omit to mention the refusal or cancellation.
Maximum penalty:
(a) for a first offender—50 penalty units, imprisonment for 6 months or both; or
(b) for a repeat offender—100 penalty units, imprisonment for 1 year or both.
(4) A regulation may provide that subsection (1), (2) or (3) does not apply to the driving of a motor vehicle in circumstances prescribed by regulation.
(5) If a court convicts a person of an offence against subsection (1) or (3), the person is automatically disqualified from holding or obtaining a driver licence—
(a) for a first offender—for 12 months or, if the court orders a longer period, the longer period; or
(b) for a repeat offender—for 24 months or, if the court orders a longer period, the longer period.
Note Under the Road Transport (General) Act 1999
, s 66 (1) the disqualification of a person from holding or obtaining a driver licence (whether or not by order of a court) operates to cancel any driver licence held by the person.
(6) If a court convicts a person of an offence against subsection (2), the person is automatically disqualified from holding or obtaining a driver licence—
(a) if the suspension was under the Road Transport (General) Act 1999
, part 3 (Infringement notices for certain offences) or part 6 (Fine defaulters) or a law of another jurisdiction corresponding to part 3 or part 6 (or to part of it)—
(i) for a first offender—for 1 month or, if the court orders a longer period, the longer period; or
(ii) for a repeat offender—for 2 months or, if the court orders a longer period, the longer period; or
(b) if the suspension was under division 2.3 (Demerit points system) or a law of another jurisdiction corresponding to division 2.3 (or to part of it)—
(i) for a first offender—for 2 months or, if the court orders a longer period, the longer period; or
(ii) for a repeat offender—for 4 months or, if the court orders a longer period, the longer period; or
(c) in any other case—
(i) for a first offender—for 3 months or, if the court orders a longer period, the longer period; or
(ii) for a repeat offender—for 12 months or, if the court orders a longer period, the longer period.
(7) If a person is already disqualified from holding or obtaining a driver licence, or the person's driver licence is suspended, the disqualification takes effect at the end of the disqualification or suspension.
(8) A disqualification under this section is in addition to any penalty imposed for the offence.
(9) In this section—
(a) a person who is convicted of an offence against this section (the current offence ) is a repeat offender in relation to the current offence if the person has been convicted, or found guilty, of an offence against this section within 5 years before being convicted of the current offence; and
(b) a person who is convicted of an offence against this section is a first offender in relation to the offence if the person is a not a repeat offender in relation to the offence.