South Australian Current Acts South Australian Current Acts81BB—Appeals to Magistrates Court
(1) Subject to
subsection (2), if a person has been given a notice of disqualification
under section 81B as a consequence of an offence committed or allegedly
committed while the holder of a provisional licence or probationary licence,
the person may appeal to the Magistrates Court against the disqualification.
(2) A person is not
entitled to appeal against a disqualification under this section if—
(a) the
person is, or was, entitled to elect to enter into a Safer Driver Agreement in
accordance with section 81BA in lieu of suffering the disqualification;
or
(ab) the
person has, within the preceding period of 5 years, been disqualified
from holding or obtaining a permit or licence in accordance with
section 81BA(4); or
(b) the
Magistrates Court has, within the preceding period of 5 years, allowed an
appeal by the person against a disqualification under section 81B.
(3) The appellant and
the Crown are entitled to be heard upon an appeal against a disqualification
under section 81B.
(4) The Magistrates
Court may allow an appeal if the Court is satisfied—
(a)
that, on the basis of evidence given on oath by or on behalf of the appellant,
the disqualification would result in severe and unusual hardship to the
appellant or a dependant of the appellant; and
(b) if
the Crown submits evidence (whether orally or in writing) as to
previous offences relating to the appellant's use of a motor vehicle for which
the appellant has been found guilty or that the appellant has
expiated—that such evidence does not indicate that the appellant is a
substantial risk to the appellant or to other members of the public.
(5) The appellant's
evidence must include evidence relating to the forms of transport that would
be available to the appellant if the appeal were not allowed and why those
forms of transport do not adequately meet the needs of the appellant or a
dependant of the appellant.
(6) Where an appeal
against disqualification has been instituted under this section, the
disqualification and any related cancellation are suspended until the
determination or withdrawal of the appeal.
(7) If the Magistrates
Court allows an appeal by a person against a disqualification, the following
provisions apply:
(a) any
licence that the person holds is cancelled and the person is, on application
to the Registrar, entitled to a refund as if the person were surrendering the
licence;
(b) the
disqualification is removed and the person is entitled to apply for a licence;
(c)
sections 81A and 81AB apply in relation to the person when applying for
the licence as if, despite the removal of the disqualification, the person had
been disqualified from holding or obtaining a licence as a consequence of the
offence and were making the application at the end of the period of
disqualification;
(d) this
Act applies in relation to the person when applying for the licence as if,
despite the removal of the disqualification, the person had been disqualified
from holding or obtaining a licence as a consequence of the offence and were
making the application at the end of the period of disqualification;
(g) if
the licence issued to the person on the application referred to in
paragraph (c) is a probationary licence, section 81AB(3) applies in
relation to the person as if the reference in section 81AB(3) to 1 year
was a reference to 18 months.
(a) a
person who holds a provisional licence or probationary licence issued on an
application referred to in subsection (7)(c) commits an offence of
contravening a prescribed condition; or
(b) a
person expiates an offence allegedly committed while the holder of a
provisional licence or probationary licence issued on an application referred
to in subsection (7)(c), being an offence of contravening a prescribed
condition; or
(c) a
person incurs demerit points in respect of an offence committed or allegedly
committed while the holder of a provisional licence issued on an application
referred to in subsection (7)(c), and, in consequence, the total number
of demerit points recorded against the person in respect of offences committed
or allegedly committed while the holder of that licence equals or
exceeds 4; or
(ca) a
person incurs demerit points in respect of an offence committed or allegedly
committed while the holder of a probationary licence issued on an application
referred to in subsection (7)(c) and, in consequence, the total number of
demerit points recorded against the person in respect of offences committed or
allegedly committed while the holder of that licence equals or exceeds 2,
the Registrar must, on becoming aware of that fact, give the person written
notice—
(d)
that, commencing on the day on which the notice takes effect in accordance
with section 139BD, the person is disqualified from holding or obtaining
a permit or licence for a period of 12 months; and
(e)
that, if the person holds any licence when the notice takes effect, the
licence is cancelled.