South Australian Current Acts South Australian Current Acts81D—Disqualification for certain drug driving offences
(1) This section
applies to an alleged offence against section 47BA(1) or (1a) of the
Road Traffic Act 1961 .
(2) If a person
expiates an offence to which this section applies the following provisions
apply:
(a) if
the person was given a notice of immediate licence disqualification or
suspension under section 47IAA of the Road Traffic Act 1961 in
respect of the offence and the offence is a first offence, the Registrar must,
on becoming aware of the expiation of the offence, give the person written
notice that, if the person holds any licence or learner's permit when the
notice is given, the licence or permit is cancelled;
(b) if
the person was given a notice of immediate licence disqualification or
suspension under section 47IAA of the Road Traffic Act 1961 in
respect of the offence (and it is not a first offence), the Registrar must, on
becoming aware of the expiation of the offence, give the person written
notice—
(i)
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 licence or learner's permit for the "relevant period" being—
(A) if the offence is a second
offence—9 months; or
(B) if the offence is a third
offence—1 year and 9 months; or
(C) if the offence is a subsequent
offence—2 years and 9 months; and
(ii)
that, if the person holds any licence or learner's permit
when the notice takes effect, the licence or permit is cancelled;
(c) in
any other case—the Registrar must, on becoming aware of the expiation of
the offence, give the person written notice—
(i)
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 licence or learner's permit for the "relevant period" being—
(A) if the offence is a first
offence—3 months; or
(B) if the offence is a second
offence—12 months; or
(C) if the offence is a third
offence—2 years; or
(D) if the offence is a subsequent
offence—3 years; and
(ii)
that, if the person holds any licence or learner's permit
when the notice takes effect, the licence or permit is cancelled.
(a) a
person expiates an offence to which this section applies (the
"later offence") and is given a notice under subsection (2)(a), (b) or
(c) in respect of that offence; and
(b)
the Registrar subsequently becomes aware that the person has been convicted of
or expiated another offence to which this section applies (the "previous
offence ) that was committed or allegedly committed before the later offence;
and
(c) if
the person had been convicted of or expiated the previous offence before they
expiated the later offence (and if such information had been available to
the Registrar at the time the Registrar became aware of the expiation of the
later offence)—
(i)
the person would have been given a notice under
subsection (2)(b) disqualifying them from holding or obtaining a licence
or learner's permit for the relevant period; or
(ii)
the relevant period for which the person would have been
disqualified by the notice under subsection (2)(b) or (c) would have been
longer,
the Registrar must, on becoming aware of that fact, give the person written
notice that—
(d) the
person is disqualified from holding or obtaining a licence or learner's permit
for the prescribed additional period; and
(e) if
the person holds a licence or learner's permit when the notice takes
effect—the licence or permit is cancelled.
(2b) The regulations
may prescribe circumstances in which subsection (2a) will not apply or
may modify the operation of subsection (2a) in prescribed circumstances.
(3) In determining
whether an offence to which this section applies is a first, second, third or
subsequent offence for the purposes of this section, any previous
drink driving offence or drug driving 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
prescribed period immediately preceding the date on which the offence to which
this section applies is alleged to have been committed.
(4) For the purposes
of subsection (3), the "prescribed period is 5 years.
(5) For the purposes
of this section, the "prescribed additional period for which a person is
disqualified from holding or obtaining a licence or learner's permit by
written notice under subsection (2a)—
(a)
commences at the time the notice takes effect in accordance with
section 139BD; and
(b) ends
at the end of the period equal to the difference between the following:
(i)
the relevant period for which the person would have been
disqualified by the notice under subsection (2) if the person had been
convicted of or expiated the previous offence before they expiated the
later offence;
(ii)
the period for which the person was disqualified in
respect of the offence by the notice given to them under subsection (2)
or by the notice of immediate licence disqualification or suspension under
section 47IAA of the Road Traffic Act 1961 or by both such notices
(as the case may be).
(6) If a person
expiates more than 1 offence to which this section applies at the same
time, the person will, for the purposes of this section, be taken to have
expiated the offences sequentially in the order in which the offences were
allegedly committed (and the offences may be dealt with under this section
accordingly).
(7) For the avoidance
of doubt, a person may be given a notice under this section in relation to a
second, third or subsequent offence regardless of whether or not the person
had been convicted of or expiated the previous offence or offences at the time
of commission of the second, third or subsequent offence.