Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD TRAFFIC ACT 1974 - SECT 106A

106A .         Mandatory disqualification

        (1)         If this Act requires a court to disqualify an offender from holding or obtaining a driver’s licence —

            (a)         for a specific period provided in relation to the offence concerned (including permanent disqualification); or

            (b)         for a period not less than a minimum period provided in relation to the offence concerned; or

            (c)         for a period not less than a minimum period, and not more than a maximum period, provided in relation to the offence concerned,

                the requirement is irreducible in mitigation and, irrespective of any sentence the court imposes on the offender, the court must disqualify the offender —

            (d)         for that period; or

            (e)         for a period not less than that minimum period; or

            (f)         for a period not less than that minimum period and not more than that maximum period.

        (2)         Subsection (1) has effect despite any other written law.

        (3)         Despite subsection (2), a period for which the court must, in accordance with subsection (1), disqualify an offender for an offence is to be reduced by any period during which the offender was disqualified by a disqualification notice given to the offender under section 71C in relation to the offence.

        [Section 106A inserted: No. 50 of 2003 s. 28; amended: No. 51 of 2010 s. 15.]

[ 107.         Deleted: No. 8 of 2012 s. 31.]

        [Heading amended: No. 51 of 2016 s. 46.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback