Australian Capital Territory Current Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2000 - REG 73M

    (1)     This section applies to a person who—

        (a)     is convicted or found guilty of a drug-related disqualifying offence; and

        (b)     is disqualified from holding or obtaining a driver licence; and

        (c)     is not eligible to apply for, or be issued with, a restricted licence; and

        (d)     has not completed a drug awareness course within the previous 12 months.

    (2)     The person must complete a drug awareness course specified for the person by the road transport authority before the end of the period of disqualification.

    (3)     Despite section 52 (4) (When probationary licence must be issued), if the person does not complete the drug awareness course and give the road transport authority written evidence to that effect before the end of the period of disqualification, the authority must not issue a probationary licence to the person.

Note 1     Subsection (3) does not apply if an exemption is granted under s 73Q (see s 73QA (2) (b)).

Note 2     For how documents may be given, see the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, pt 19.5.

    (4)     However, the road transport authority must issue a probationary licence to the person if—

        (a)     after the end of the period of disqualification, the authority receives written evidence that the person has completed the drug awareness course; or

        (b)     the authority—

              (i)     receives written notice from the person before the end of the period of disqualification stating that—

    (A)     the person has made genuine attempts to enrol in the drug awareness course before the end of the period of disqualification but has not been able to do so; and

    (B)     the person is enrolled in the drug awareness course that will be completed on a stated date after the end of the period of disqualification; and

              (ii)     is satisfied on reasonable grounds of the matters mentioned in the notice.

Examples—s (4) (b) (i) (A)

1     all relevant drug awareness courses are fully booked during the person's period of disqualification

2     no relevant drug awareness courses are being conducted during the person's period of disqualification

Note     A probationary licence issued under s (4) (b) is issued after the person's period of disqualification has ended—see s 52 (1).

    (5)     If, in relation to a person issued with a probationary licence under subsection (4) (b), the road transport authority does not, within 7 days after the day the drug awareness course mentioned in that subsection ends, receive written evidence that the person has completed the course, the authority must suspend the licence.

    (6)     However, the road transport authority must end the suspension if the authority receives written evidence that the person has completed the drug awareness course.