Western Australian Current Acts

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ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008 - SECT 30

30 .         Matters for consideration of court

        (1)         A court may —

            (a)         make an order directing the CEO, on payment of the prescribed fee, to grant to the applicant an extraordinary licence for a period not exceeding 12 months from the date on which it is granted as the court thinks fit; or

            (b)         refuse the application.

        (2)         In making a decision for the purposes of subsection (1), the court is to have 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.

        [(3)         deleted]

        (4)         Despite subsections (1) and (2), the court must not make an order directing the grant of an extraordinary licence unless it is satisfied that the refusal of the application would —

            (a)         deprive the applicant of the means of obtaining urgent medical treatment for an illness, disease or disability known to be suffered by the applicant or a person who is a member of his or her family; or

            (b)         place an undue financial burden on the applicant or his or her family, by depriving the applicant of his or her principal means of obtaining income; or

            (c)         deprive the applicant or a person who is a member of the applicant’s family of the only practicable means of travelling to and from the place at which the applicant or that person, as the case may be, is employed.

        [Section 30 amended: No. 51 of 2010 s. 24.]



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