South Australian Current Acts South Australian Current Acts81BC—Disqualification for certain offences relating to section 45C
of the " " Road Traffic Act 1961
(1) This section
applies to the following offences:
(a) an
alleged offence against section 45C of the Road Traffic Act 1961 that is
a second, third or subsequent offence;
(b) an
alleged offence against section 79B of the Road Traffic Act 1961
constituted of being the owner of a vehicle that appears from evidence
obtained through the operation of a photographic detection device to have been
involved in the commission of an offence against section 45C(1) of
that Act (a " section 79B offence") that is a second, third or subsequent
offence.
(2) Subject to this
section, if a person expiates an offence to which this section applies, the
Registrar must, on becoming aware of that fact, give the person written notice
that—
(a) the
person is disqualified from holding or obtaining a licence or learner's permit
for the relevant period; and
(b) if
the person holds a licence or learner's permit when the notice takes
effect—the licence or permit is suspended for the relevant period.
(3)
Subsection (2) does not apply—
(a)
if—
(i)
a section 45D notice has been given to the person in
relation to the offence referred to in subsection (2); or
(ii)
in the case of an alleged offence against
section 45C—no such notice has been given to the person but the
Commissioner of Police has forwarded to the Registrar a request in writing
that no notice be given to the person by the Registrar under
subsection (2); or
(b) in
such other circumstances as may be prescribed by regulation.
(4) Subsections (9),
(10), (11) and (12) of section 45D of the Road Traffic Act 1961 apply to
the withdrawal of a notice given under subsection (2) and for that
purpose a reference in those provisions to a section 45D notice will be taken
to be a reference to a notice under subsection (2) and a reference to the
Commissioner of Police will be taken to be a reference to the Registrar.
(5) If a person
expiates an offence to which this section applies and a notice is given under
subsection (2) but the expiation notice in respect of that offence is
subsequently withdrawn, sections 45D(6), (7) and (8) and 45E of the
Road Traffic Act 1961 apply in relation to the notice under
subsection (2), and for that purpose a reference in those provisions to a
section 45D notice will be taken to be a reference to a notice under
subsection (2) and a reference to the Commissioner of Police in section
45E will be taken to include a reference to the Registrar.
(6) Part 3E does not
apply to a decision of the Registrar under this section.
(7) For the purposes
of this section, the "relevant period" for which a person is disqualified from
holding or obtaining a licence or learner's permit, or for which a licence or
learner's permit held by the person is suspended, by written notice under
subsection (2)—
(a)
commences at the time the notice takes effect in accordance with
section 139BD; and
(b)
ends—
(i)
if the person given the notice under subsection (2)
is notified in accordance with subsection (4) that the notice has been
withdrawn; or
(ii)
if the expiation notice for the offence to which the
notice under subsection (2) relates is withdrawn and the person given the
notice under subsection (2) is notified in writing by or on behalf of the
Commissioner of Police (whether that notification is given personally or by
post) that the person—
(A) is not to be charged with any offence
to which this section applies arising out of the course of conduct to which
the notice under subsection (2) relates; and
(B) is not to be given an expiation notice
in respect of such an offence; or
(iii)
in any event, at the end of—
(A) in the case of a second offence—6
months; or
(B) in the case of a third
offence—12 months; or
(C) in the case of a subsequent
offence—3 years,
from the commencement of the relevant period, less any period of
disqualification or suspension that has applied, or is applicable, to the
person under section 45D of the Road Traffic Act 1961 in respect of
the offence to which the notice under subsection (2) relates.
(8) In determining
whether an offence to which this section applies is a second, third or
subsequent offence for the purposes of this section—
(a) in
the case of an offence against section 45C, any previous offence against
section 45C for which the person has been convicted or that the person
has expiated will be taken into account; and
(b) in
the case of a section 79B offence, any previous section 79B offence for
which the person has been convicted or that the person has expiated will be
taken into account,
but only if the previous offence was committed or, in the case of an offence
that has been expiated, was alleged to have been committed, by the person
within the period of 5 years immediately preceding the date on which the
offence under consideration was committed.
(9) In this
section—
"section 45D notice" means a notice of licence disqualification or suspension
under section 45D of the Road Traffic Act 1961 .