Western Australian Current Acts

ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008 - SECT 24

24 .         Removal of disqualification

        (1)         If under this or any other written law a person is disqualified by a court from holding or obtaining a driver’s licence for a period exceeding 3 years, that person may apply to a court for an order removing the disqualification.

        (2)         An application under subsection (1) is to be made —

            (a)         if the disqualification was imposed by the Supreme Court, to the Supreme Court; or

            (b)         in any other case, to the District Court.

        (3)         No application may be made under subsection (1) for the removal of a disqualification before the expiration of whichever is relevant of the following periods from the date on which the disqualification took effect, that is to say —

            (a)         if the disqualification is for not more than 6 years: 3 years;

            (b)         if the disqualification is for more than 6 years but not more than 20 years: one-half of the period of the disqualification;

            (c)         if the disqualification is for more than 20 years: 10 years.

        (4)         For the purposes of subsection (3) the permanent disqualification of a person from holding or obtaining a driver’s licence is to be regarded as a disqualification for more than 20 years.

        (5)         The court may if it thinks proper having regard to —

            (a)         the safety of the public generally; and

            (b)         the character of the applicant; and

            (c)         the circumstances of the case; and

            (d)         the nature of the offence or offences giving rise to the disqualification; and

            (e)         the conduct of the applicant subsequent to the disqualification,

                either make an order removing the disqualification from the day specified in the order or refuse the application.

        (6)         If an application under subsection (1) is refused no further application under that subsection may be heard if it is made within one year after the date of the refusal.

        (7)         If under this section a court orders a disqualification to be removed, the court is to cause particulars of the order to be sent to the CEO.

        (8)         An application under this section is to be made in accordance with the rules of the court to which it is made.

        (9)         The court may order the applicant to pay the whole or any part of the costs of an application under this section.

        (10)         Nothing in this section is to be construed as limiting or otherwise affecting any right that a person may have to appeal against an order or judgment of a court disqualifying the person from holding or obtaining a driver’s licence.

        (11)         The CEO has a right to be heard in proceedings under this section and may be represented by any person the CEO authorises for that purpose.