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Legislative Assembly for the ACT: 1997 Week 9 Hansard (4 September) . . Page.. 3014 ..

MR MOORE (continuing):

`(2) An application for an order under subsection (4) shall be filed with the Registrar of the court together with an affidavit of the applicant setting out the grounds on which the order is sought.

`(3) The respondents to an application are -

(a) the Registrar of Motor Vehicles; and

(b) the chief police officer.

`(4) The court may in exceptional circumstances, and on application in accordance with subsection (2), order the Registrar of Motor Vehicles to grant a special licence in accordance with section 11D by a person in respect of a period during which the person would not otherwise be entitled to drive a motor vehicle because -

(a) he or she is disqualified from holding a driving licence by force of, or under, a law of the Territory;

(b) a provisional licence granted to the person is suspended under subsection 180X(2); or

(c) a driving licence granted to the person is suspended or cancelled by force of, or under, a law of the Territory.

`(5) In determining whether exceptional circumstances exist which justify making an order under subsection (4), and without limiting the matters to which the court may have regard, the court shall have regard to the following:

(a) the likelihood that the applicant, or a person affected by the outcome of the application, would suffer or incur any inconvenience or loss (actual or potential) which would be unreasonable, if the special licence were not granted;

(b) whether it would be unreasonable for the applicant to use an alternative means of transport, including public transport, if the special licence were not granted;

(c) the likelihood of the applicant's health, or that of any dependant, suffering or being put at risk if the special licence were not granted;

(d) the applicant's history concerning any offence or infringement under this Act or any other law in relation to the use of a motor vehicle; and

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