Western Australian Current Acts Western Australian Current Acts (1) If the holder of a
driver’s licence that is a provisional licence —
(a) is
convicted of an offence —
(i)
mentioned in The Criminal Code section 277 and the
offence arose out of the driving by him or her of a motor vehicle; or
(ii)
under The Criminal Code section 378 where the property in
question was a motor vehicle; or
(iii)
under the Road Traffic (Administration) Act 2008
section 32(4) or 36, or 44 in respect of a direction under section 39 of that
Act; or
(iv)
under the Road Traffic Act 1974 section 54, 55, 56, 61,
62, 62A, 64AA, 64AC or 90, or any other section of that Act that may be
prescribed for the purpose of this section by regulations made for the
purposes of section 5A; or
(v)
under a regulation made under a road law that may be
prescribed for the purposes of this section;
or
(b) is
disqualified by a court under this or any other written law (other than the
Fines, Penalties and Infringement Notices Enforcement Act 1994 ), from
holding or obtaining a driver’s licence,
the provisional
licence is, by operation of this subsection, cancelled.
(2) A person whose
driver’s licence is cancelled by operation of subsection (1) is
disqualified from holding or obtaining a driver’s licence for whichever
of the following periods that terminates later —
(a) the
period for which the person is disqualified by the court;
(b) a
period of 3 months from the date of the person’s conviction or, where
the person is convicted on more than one occasion of an offence mentioned in
subsection (1), from the date of the latest conviction.
(3) If the holder of a
driver’s licence that is a provisional licence is disqualified under
Part 4 from holding or obtaining a driver’s licence, the provisional
licence is, by operation of this subsection, cancelled.
(4) Regulations made
for the purpose of subsection (1)(a)(v) may limit the application of that
subsection to offences under the regulations mentioned in that subparagraph
that are committed in prescribed circumstances.
[Section 16 amended: No. 2 of 2015 s. 18.]