Page 5759 - Week 13 - Thursday, 18 November 2010

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Clause 126

Proposed new section 73D (4)

Page 74, line 12—

omit proposed section 73D (4), substitute

(4) However, the road transport authority must issue a probationary licence to the person if—

(a) after the end of the period of disqualification, the authority receives written evidence that the person has completed an alcohol awareness course; or

(b) the authority—

(i) receives written notice from the person before the end of the period of disqualification stating that—

(A) the person has made genuine attempts to enrol in an alcohol awareness course before the end of the period of disqualification but has not been able to do so; and

(B) the person is enrolled in an alcohol awareness course that will be completed on a stated date after the end of the period of disqualification; and

(ii) is satisfied on reasonable grounds of the matters mentioned in the notice.

Examples—s (4) (b) (i) (A)

1 all alcohol awareness courses are fully booked during the person’s period of disqualification

2 no alcohol awareness courses are being conducted during the person’s period of disqualification

Note 1 A probationary licence issued under s (4) (b) is issued after the person’s period of disqualification has ended—see s 52 (1).

Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(5) If, in relation to a person issued with a probationary licence under subsection (4) (b) the road transport authority does not, within 7 days after the day the alcohol awareness course mentioned in that subsection ends, receive written evidence that the person has completed the course, the authority must suspend the licence.

(6) However, the road transport authority must end the suspension if the authority receives written evidence that the person has completed an alcohol awareness course.

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