South Australian Current Regulations South Australian Current Regulations97AA—Exemption from cumulative application of new section 139BD
notice of disqualification if existing suspension is under
prescribed provision
(1) Subject to
subregulation (2), if—
(a) a
person (whether before, on or after the commencement of this regulation) has
been given, or is given, a notice of disqualification within the meaning of
section 139BD of the Act; and
(b) at
the time that the notice is (but for the operation of section 139BD(9))
due to take effect (being a time on or after the commencement of this
regulation), the person holds a licence or learner's permit that is already
suspended under a prescribed provision (whether the suspension was imposed
before, on or after that commencement),
the person is exempt from the requirement of section 139BD(9) of the Act
that the notice of disqualification will instead take effect on the
termination of that prior suspension.
(2)
Subregulation (1) does not apply if—
(a) the
notice of disqualification is a notice under section 81BC(2) of the Act;
and
(b) the
prescribed provision under which the licence or permit is suspended is
section 45D of the Road Traffic Act 1961 ; and
(c) the
notice of disqualification relates to the same offence as the notice under
section 45D giving rise to the suspension.
(3) In this
regulation—
"prescribed provision" means—
(a)
section 38(1) of the Fines Enforcement and Debt Recovery Act 2017 ; or
(b)
section 80(2a)(e) of the Motor Vehicles Act 1959 ; or
(c)
section 82(1)(b) of the Motor Vehicles Act 1959 ; or
(d)
section 83 of the Motor Vehicles Act 1959 ; or
(e)
section 45B of the Road Traffic Act 1961 ; or
(f)
section 45D of the Road Traffic Act 1961 ; or
(g)
section 47IAA of the Road Traffic Act 1961 .