South Australian Numbered Acts

MOTOR VEHICLES (MISCELLANEOUS) AMENDMENT ACT 2010 (NO 14 OF 2010) - SECT 5

5—Amendment of section 79B—Alcohol and drug dependency assessments and issue of licences

        (1)         Section 79B(1) and (2)—delete subsections (1) and (2) and substitute:

        (1)         If an applicant for the issue of a licence—

            (a)         has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drink driving offence or an alleged drink driving offence (whether committed, or allegedly committed, in this State or elsewhere); and

            (b)         has not held a licence or learner's permit, or an interstate licence or interstate learner's permit, since the end of the period of disqualification; and

            (c)         has—

                  (i)         if the offence was a prescribed drink driving offence—

                        (A)         been convicted of at least 1 other prescribed drink driving offence; or

                        (B)         been convicted of or expiated at least 2 other drink driving offences,

committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence; or

                  (ii)         in any other case—been convicted of or expiated at least 2 other drink driving offences committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence,

the Registrar must, before determining the application for the licence, direct the applicant to attend an assessment clinic for the purpose of submitting to an examination to determine whether or not the applicant is dependent on alcohol.

        (2)         If an applicant for the issue of a licence—

            (a)         has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a consequence of a drug driving offence or an alleged drug driving offence (whether committed, or allegedly committed, in this State or elsewhere); and

            (b)         has not held a licence or learner's permit, or an interstate licence or interstate learner's permit, since the end of the period of disqualification; and

            (c)         has been convicted of or expiated at least 1 other drug driving offence committed or allegedly committed within the period of 5 years before the date of commission or alleged commission of the offence,

the Registrar must, before determining the application for the licence, direct the applicant to attend an assessment clinic for the purpose of submitting to an examination to determine whether or not the applicant is dependent on drugs.

        (2)         Section 79B(8)—after the definition of "assessment clinic insert:

"prescribed drink driving offence" means a drink driving offence other than a category 1 offence.