South Australian Current Acts South Australian Current Acts168—Power of court to make orders relating to licences or registration
(1) A court that
convicts a person of—
(a) an
offence against this Act relating to motor vehicles; or
(b) an
offence (under this Act or any other Act or law) in the commission of which a
motor vehicle was used or the commission of which was facilitated by the use
of a motor vehicle,
may do one or more of the following:
(c)
order that the person be disqualified from holding or obtaining a driver's
licence for a period fixed by the court or until further order;
(d)
order that the person so disqualified be not, at the end of the period of
disqualification or on the removal of the disqualification, granted a driver's
licence until the person passes a driving test as prescribed by section 79A
of the Motor Vehicles Act 1959 ;
(e)
order that a driver's licence held by the person be modified for a period
fixed by the court or until further order;
(f)
order that the registration of the motor vehicle concerned under the
Motor Vehicles Act 1959 be suspended for a period fixed by the court or
until further order, or be cancelled;
(g)
order that the person, and any associate of the person, be disqualified from
obtaining registration of the motor vehicle concerned as an owner or operator
under the Motor Vehicles Act 1959 for a period fixed by the court or
until further order.
(2) If a court
considers that another person who is not present in court may be substantially
affected by an order under this section, the court may issue a summons to the
other person to show cause why the order should not be made.
(2a) An order under
this section operates by force of this Act and takes effect either immediately
or from a later specified date.
(3) If an order is
made requiring a person disqualified under this section to pass a driving test
before being granted a driver's licence, the disqualification continues,
subject to subsection (4), until the expiration or removal of the
disqualification.
(4) Despite anything
in this Act or in the Motor Vehicles Act 1959 a person—
(a) may
drive a motor vehicle for the purpose of being tested under an order made
under subsection (1), despite a disqualification from holding or
obtaining a driver's licence; and
(b) will
for all purposes be taken to be the holder of a driver's licence while being
so tested.
(5) If a court has
ordered that a person be disqualified from holding or obtaining a driver's
licence (whether the order was made in relation to an offence under this Act
or any other Act or law), the Governor may remove the disqualification from
such date as the Governor may specify.