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MOTOR VEHICLES ACT 1959 - SECT 79B

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.



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