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MOTOR VEHICLES (LICENCES AND LEARNER'S PERMITS) AMENDMENT ACT 2005 (NO 10 OF 2005) - SECT 9

9—Amendment of section 79—Examination of applicant for licence or learner's permit

        (1)         Section 79(1)(b)—delete paragraph (b) and substitute:

            (b)         the applicant satisfies the Registrar, by such evidence as the Registrar may require, that at some time during the period of 5 years immediately preceding the date of the application the applicant held—

                  (i)         a licence to drive a motor vehicle under the law of another State or a Territory of the Commonwealth; or

                  (ii)         a foreign licence of a type approved by the Registrar by notice in the Gazette.

        (2)         Section 79—after subsection (1) insert:

        (1a)         If—

            (a)         an applicant for a licence or learner's permit has been disqualified from holding or obtaining a licence or learner's permit as a consequence of an offence committed or allegedly committed while the holder of a learner's permit; and

            (b)         the applicant has not held a licence since the end of the period of disqualification,

the Registrar must not issue a licence to the applicant unless the applicant produces to the Registrar a certificate signed by an examiner certifying that the applicant has, since the end of the period of disqualification, passed the prescribed theoretical examination conducted by that examiner in the prescribed manner.

        (3)         Section 79(2)—delete "subsection (1)(a)" and substitute:

this section



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