79B—Alcohol and drug dependency assessments and issue of licences
(1) If—
(a) an
applicant for the issue of a licence has been disqualified from holding or
obtaining a licence or learner's permit in this State, or in another State or
Territory of the Commonwealth, as a consequence of a drink driving offence or
an alleged drink driving offence (whether committed, or allegedly committed,
in this State or in another State or Territory of the Commonwealth); and
(b) the
applicant has not held a licence or learner's permit, or an interstate licence
or interstate learner's permit, since the end of the period of
disqualification; and
(c)
—
(i)
the drink driving offence or alleged
drink driving offence was an offence against section 47(1a), 47B(1a),
47E(3a) or 47I(7) of the Road Traffic Act 1961 ; or
(ii)
if the offence was a
prescribed drink driving offence—the applicant has—
(A) been convicted of at least 1 other
prescribed drink driving offence; or
(B) been convicted of or expiated at least
2 other drink driving offences,
committed or allegedly committed within the period of 5 years before the
date of commission or alleged commission of the offence; or
(iii)
in any other case—the applicant has been convicted
of or expiated at least 2 other drink driving offences committed or allegedly
committed within the period of 5 years before the date of commission or
alleged commission of the offence,
the Registrar must, before determining the application for the licence, direct
the applicant to submit to an examination by an approved assessment provider
to determine whether or not the applicant is dependent on alcohol unless the
applicant satisfies the Registrar, on the basis of the report of an approved
assessment provider or such other evidence as the Registrar may require,
that—
(d) the
applicant has successfully completed an alcohol dependency treatment program
not more than 60 days before the date of application for the licence; and
(e) the
applicant is not dependent on alcohol.
(2) If—
(a) an
applicant for the issue of a licence—
(i)
has been disqualified from holding or obtaining a licence
or learner's permit in this State, or in another State or Territory of the
Commonwealth, as a consequence of a drug driving offence or an alleged
drug driving offence (whether committed, or allegedly committed, in this State
or in another State or Territory of the Commonwealth); or
(ii)
has had their licence or permit cancelled under
section 81D(2)(a); and
(b) the
applicant has not held a licence or learner's permit, or an interstate licence
or interstate learner's permit, since the end of the period of
disqualification or the cancellation of the applicant's licence or permit
under section 81D(2)(a) (as the case requires); and
(c)
—
(i)
the drug driving offence or alleged drug driving offence
was an offence against section 47(1a), 47BA(1a), 47EAA(9a) or 47I(7) of the
Road Traffic Act 1961 ; or
(ii)
the applicant has been convicted of or expiated at least
1 other drug driving offence committed or allegedly committed within the
period of 5 years before the date of commission or alleged commission of the
offence,
the Registrar must, before determining the application for the licence, direct
the applicant to submit to an examination by an approved assessment provider
to determine whether or not the applicant is dependent on drugs unless the
applicant satisfies the Registrar, on the basis of the report of an approved
assessment provider or such other evidence as the Registrar may require,
that—
(d) the
applicant has successfully completed a drug dependency treatment program not
more than 60 days before the date of application for the licence; and
(e) the
applicant is not dependent on drugs.
(3) An approved
assessment provider must, as soon as practicable after the assessment of a
person has been completed under this section, furnish a report on the
examination to the Registrar, and send a copy of the report to the person.
(4) Subject to
subsection (6), if the Registrar is satisfied, on the basis of the report
of an approved assessment provider, that the applicant is dependent on
alcohol, the Registrar must refuse to issue a licence to the applicant until
the applicant satisfies the Registrar, on the basis of the report of an
approved assessment provider or such other evidence as the Registrar may
require, that the applicant is no longer dependent on alcohol.
(5) If the Registrar
is satisfied, on the basis of the report of an approved assessment provider,
that the applicant is dependent on drugs, the Registrar must refuse to issue a
licence to the applicant until the applicant satisfies the Registrar, on the
basis of the report of an approved assessment provider or such other evidence
as the Registrar may require, that the applicant is no longer dependent on
drugs.
(6) If the Registrar
is satisfied, on the basis of the report of an approved assessment provider,
that the applicant is dependent on alcohol, but the applicant is willing to
accept a licence subject to the mandatory alcohol interlock scheme conditions,
the Registrar may, subject to this Act, issue such a licence to the applicant.
(7) The
mandatory alcohol interlock scheme conditions of a licence issued under this
section are effective until the holder of the licence satisfies the Registrar,
on the basis of a report of an approved assessment provider or such other
evidence as the Registrar may require, that the holder of the licence is no
longer dependent on alcohol.
(8) In this
section—
(a) a
reference to an approved assessment provider is a reference to—
(i)
a person who—
(A) is registered under the Health
Practitioner Regulation National Law to practice medicine as a specialist in
addiction medicine; and
(B) is a Fellow of the Australasian Chapter
of Addiction Medicine of the Royal Australasian College of Physicians; or
(ii)
a person who—
(A) is registered under the Health
Practitioner Regulation National Law to practice medicine as a specialist in
psychiatry; and
(B) is a Fellow of the Royal Australian and
New Zealand College of Psychiatrists; and
(C) holds a Certificate in Addiction
Psychiatry; or
(iii)
a person or body approved as an assessment provider for
the purposes of this section by the Minister to whom the administration of the
Health Care Act 2008 is committed;
(b) a
reference to a drink driving offence includes a reference to an offence
against a law of another State or Territory of the Commonwealth that
corresponds to an offence against this Act that is within the ambit of the
definition of "drink driving offence" in section 5(1);
(c) a
reference to a drug driving offence includes a reference to an offence against
a law of another State or Territory of the Commonwealth that corresponds to an
offence against this Act that is within the ambit of the
definition of "drug driving offence" in section 5(1);
(d) a
reference to a prescribed drink driving offence includes a reference to an
offence against a law of another State or Territory of the Commonwealth that
corresponds to an offence against this Act that is within the ambit of the
definition of "prescribed drink driving offence" in section 5(1).
(9) Nothing in this
section derogates from the Registrar's powers under section 80 or 81.