Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 191K

(1)     This section applies where—

        (a)     a court convicts a person of an offence against a law of the Territory; and

        (b)     because of the conviction, or that conviction and any other conviction, the person is disqualified from holding a driving licence for a period of, or periods totalling, at least 12 months (in this section called “compulsory disqualification period”).

(2)     Where the court is satisfied that it is necessary in the public interest, it may, by order, disqualify the person from holding a driving licence from the end of the compulsory disqualification period until the order is set aside under subsection (3).

(3)     Where a court is satisfied that a disqualification under subsection (2) is no longer necessary in the public interest, it may, by order and on application in accordance with subsection (4), set aside the order under that paragraph.

(4)     An application for an order under subsection (3) shall be filed with the Registrar of the court with an affidavit of the applicant setting out the grounds on which the order is sought.

(5)     The respondents to an application are—

        (a)     the Registrar of Motor Vehicles; and

        (b)     the chief police officer.

(6)     For the purposes of subsection (2) or (3), the matters to which the court shall have regard include the following:

        (a)     the period during which the applicant is, or has been, disqualified from holding a driving licence;

        (b)     the applicant's history concerning any offence or infringement under this Act or any other law in relation to the use of a motor vehicle;

        (c)     any relevant rehabilitation or remedial action undertaken, or to be undertaken, by the applicant;

        (d)     the risk to the safety of other road users if the applicant were to be granted a driving licence.