Australian Capital Territory
Road Transport (Driver Licensing) Act 1999     No 78
Republication No 4A
Republication date: 20 September 2002
(includes expiry of s 13B (3), (4))
Last amendment made by Act 2002 No 5
Amendments incorporated to 16 June 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Road Transport (Driver Licensing) Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 20 September 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 16 June 2002.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
16 June 2002

Australian Capital Territory
Road Transport (Driver Licensing) Act 1999

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	3	Objects of Act (NSW s 3)	2
	4	Definitions—the dictionary (NSW s 4)	3
	5	Notes (NSW s 7)	4
Part 2	Driver licensing system
Division 2.1	Functions and powers of road transport authority generally
	6	Functions of road transport authority (NSW s 8)	5
	7	Powers of road transport authority	5
	8	Keeping of registers (NSW s 14 (5), s 35)	6
	9	Security of information in registers (NSW s 12)	6
Division 2.2	Issue of licences and mutual recognition
	10	When road transport authority may issue or renew driver licences (NSW s 9)	6
	11	Mutual recognition of Australian driver licences (NSW s 11 (1)-(2))	7
	12	Mutual recognition of demerit points (NSW s 11 (3)-(6))	8
Division 2.3	Demerit points system
	13	Meaning of demerit points offence	9
	13A	Recording of demerit points (NSW s 14 (2), s 16 (1))	10
	13B	When demerit points are incurred	10
	14	Offences for which demerit points are incurred  (NSW s 15)	11
	15	Warning notices (MTA s 180T)	12
	16	Consequences of incurring demerit points—holder of licence (NSW s 16 (2)-(3))	12
	17	Consequences of incurring demerit points—applicant for issue or renewal of licence (NSW s 14 (3)-(4), s 16A (1)-(2))	13
	18	Licence suspension (NSW s 16 (4)-(7), (10)-(12))	14
	19	Good behaviour alternative to licence suspension (NSW s 16 (8)-(12))	15
	20	Licence ineligibility (NSW s 16A (3)-(6), (10)-(11))	17
	21	Good behaviour alternative to licence ineligibility (NSW s 16A (7)-(11))	18
	22	Demerit points incurred by learner, probationary, provisional and restricted licence holders etc (NSW s 17)	19
	23	Demerit points incurred but not taken into account for notice of licence suspension etc (NSW s 16 (11), s 16A (10))	21
	24	Demerit points not affected by licence suspension etc under another law (NSW s 18 (1)-(3))	21
	25	Issue of licence suspension notice etc (NSW s 18 (4))	22
Division 2.4	Regulations
	26	Regulation-making power	22
	27	Regulations may apply certain documents etc (NSW s 19 (2), MTA s 218)	22
	28	Driver licensing system (NSW s 20)	24
Part 3	Offences
	29	Obtaining licence by false statements etc (NSW s 22, MTA s 177 (a))	27
	30	Unlawful possession of licence etc (NSW s 23, MTA s 177 (c), (d))	27
	31	Driver must be licensed (NSW s 25, MTA s 176 (1))	28
	32	Offences committed by disqualified drivers etc (NSW s 25A)	30
	33	Contravention of conditions of restricted licence (MTA s 11D, s 191H)	33
Part 3A	Protection of photographs and signatures
	33A	Application of pt 3A	34
	33B	Definitions for pt 3A	34
	33C	Use of photographs and signatures	34
	33D	Disclosure of photographs and signatures by road transport authority	35
	33E	Security of photographs and signatures	36
	33F	Unauthorised reproduction of photographs and signatures	37
Part 4	Miscellaneous
	34	Additional matters about identity	38
	35	Effect of expiry of driver licence during a suspension period (NSW s 33A)	38
	36	References to Motor Traffic Act etc	39
Part 5	Transitional
Division 5.1	Existing licences, suspensions and disqualifications
	37	Definitions for div 5.1	40
	38	Existing licences	40
	39	Existing demerit points	41
	40	Existing licence suspensions or disqualifications	41
	41	Period a driver licence held	41
	42	Expiry of div 5.1	41
Dictionary		42
Endnotes
	1	About the endnotes	48
	2	Abbreviation key	48
	3	Legislation history	49
	4	Amendment history	49
	5	Earlier republications	52

Amendments incorporated to
16 June 2002

Australian Capital Territory
Road Transport (Driver Licensing) Act 1999

An Act to provide for the licensing of drivers and for related matters as part of the system for nationally consistent road transport law, to provide for additional matters about learner, probationary, provisional, public vehicle and restricted licences, and for other purposes

    

Part 1	Preliminary
    
Note	This Act (including the regulations) forms part of the road transport legislation. Other road transport legislation includes the Road Transport (Alcohol and Drugs) Act 1977, the Road Transport (Dimensions and Mass) Act 1990, the Road Transport (General) Act 1999, the Road Transport (Public Passenger Services) Act 2001, the Road Transport (Safety and Traffic Management) Act 1999, the Road Transport (Vehicle Registration) Act 1999 and the regulations made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (General) Act 1999 about the administration and enforcement of the road transport legislation generally.
1	Name of Act 
This Act is the Road Transport (Driver Licensing) Act 1999.
3	Objects of Act (NSW s 3)
The objects of this Act are—
	(a)	to provide for a driver licensing system in the ACT that is—
	(i)	consistent with the agreements scheduled to the National Road Transport Commission Act 1991 (Cwlth); and
	(ii)	part of the uniform national road transport legislation envisaged by that Act and the uniform national approach to driver licensing; and
	(iii)	designed to provide uniform licence classes for drivers of motor vehicles, and uniform eligibility criteria for those licence classes; and
	(b)	to define the responsibilities of people in relation to driver licensing; and
	(c)	to provide a way of authorising the driving of motor vehicles on roads and road related areas and of identifying people as licensed drivers of motor vehicles; and
	(d)	to facilitate the regulation of drivers of motor vehicles in the interests of road safety and transport efficiency and law enforcement generally; and
	(e)	to provide a way of enforcing safety standards relating to the driving of motor vehicles on roads and road related areas; and
	(f)	to facilitate—
	(i)	the recovery of expenses of administering the driver licensing system; and
	(ii)	the collection of fees determined for this Act under the Road Transport (General) Act 1999; and
	(g)	to provide for other matters relating to learner, probationary, provisional, public vehicle and restricted licences; and
	(h)	to improve road safety and transport efficiency, and reduce the costs of administering road transport.
Note	This Act (including the regulations) establishes a driver licensing system, including a demerit points system, and provide for the classes of driver licences and for the issue, suspension, cancellation and renewal of driver licences.
4	Definitions—the dictionary (NSW s 4)
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or elsewhere in the road transport legislation.
	For example, the signpost definition ‘public vehicle—see the Road Transport (General) Act 1999, section 158.’ means the expression ‘public vehicle’ is defined in section 158 of that Act and the definition applies to this Act
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155).
5	Notes (NSW s 7)
	(1)	A note in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
	(2)	In this section:
note includes material enclosed in brackets in section headings.
Note	For comparison, a number of sections of this Act contain bracketed notes in their headings drawing attention to equivalent or comparable (though not necessarily identical) provisions of other Acts.  Abbreviations in the notes include the following:
	MTA: Motor Traffic Act 1936, as in force immediately before the commencement of this Act
	NSW: Road Transport (Driver Licensing) Act 1998 (NSW).

Part 2	Driver licensing system
Division 2.1	Functions and powers of road transport authority generally
6	Functions of road transport authority (NSW s 8)
The functions of the road transport authority under this Act are—
	(a)	to administer the driver licensing system established under this Act; and
	(b)	to keep a driver licence register under this Act; and
	(c)	to keep a demerit points register under this Act; and
	(d)	to provide information about drivers in accordance with this Act and other laws in force in the Territory; and
	(e)	to administer any scheme for driver training or the accreditation of driving instructors established under the regulations; and
	(f)	to exercise any other functions given to the authority under this Act.
7	Powers of road transport authority
In exercising functions under this Act, the road transport authority may, in accordance with this Act—
	(a)	issue or refuse to issue a driver licence to a person; and
	(b)	renew or refuse to renew a driver licence issued to a person; and
	(c)	cancel or suspend a driver licence issued to a person; and
	(d)	impose conditions on a driver licence; and
	(e)	collect fees, charges and other amounts determined for this Act under the Road Transport (General) Act 1999; and
	(f)	exercise other powers given to the authority under this Act.
8	Keeping of registers (NSW s 14 (5), s 35)
	(1)	The driver licence register and demerit points register may include information given to the road transport authority under this Act and any other information the authority considers appropriate.
	(2)	The driver licence register and demerit points register may be kept in the form of, or as part of, 1 or more computer databases or in any other form the road transport authority considers appropriate.
	(3)	The road transport authority may correct any mistake, error or omission in the driver licence register or the demerit points register subject to the requirements (if any) of the regulations.
	(4)	This section does not limit the functions of the road transport authority in relation to the driver licence register or demerit points register.
9	Security of information in registers (NSW s 12)
The road transport authority must ensure that information in the driver licence register or demerit points register that is of a personal nature or has commercial sensitivity for the person about whom it is kept is released only in accordance with this Act or another law in force in the Territory.
Division 2.2	Issue of licences and mutual recognition
10	When road transport authority may issue or renew driver licences (NSW s 9)
	(1)	The road transport authority may issue a driver licence (including a driver licence as varied) to a person only if—
	(a)	the authority is satisfied the person is a resident of the ACT; and 
	(b)	the person is eligible under this Act to be issued with the driver licence; and 
	(c)	the person has surrendered, in accordance with the regulations, any Australian driver licence or external driver licence held by the person.
	(2)	However, the road transport authority may issue the driver licence to the person without the person surrendering an Australian driver licence or external driver licence if the authority is satisfied the licence has been stolen, lost or destroyed.
	(3)	Also, if the person holds an external driver licence, the road transport authority may issue the driver licence to the person without the person surrendering the external driver licence in the circumstances prescribed under the regulations.
	(4)	The road transport authority must not renew a person’s driver licence if the authority is satisfied the person is no longer a resident of the ACT.
	(5)	Subsections (1) and (4), as far as they require a person to be a resident of the ACT, do not apply to a person who lives temporarily outside the ACT.
	(6)	This section does not limit the other circumstances in which the road transport authority may refuse to issue, vary or renew a driver licence.
11	Mutual recognition of Australian driver licences (NSW s 11 (1)-(2))
	(1)	The road transport authority must, in accordance with the regulations, recognise—
	(a)	Australian driver licences issued by the licensing authorities of other jurisdictions; and
	(b)	conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to another jurisdiction or that are prescribed under the regulations.
	(2)	The regulations may make provision for or with respect to the effect of the recognition of licences and licence conditions by the road transport authority.
12	Mutual recognition of demerit points (NSW s 11 (3)-(6))
	(1)	If the holder of an Australian driver licence issued by the licensing authority of another jurisdiction commits an offence against a Territory law that is included in the national schedule of demerit points, the road transport authority must give all relevant information about the offence to the licensing authority of the other jurisdiction.
	(2)	If a person, who is not the holder of an Australian driver licence and who ordinarily lives in another jurisdiction, commits an offence against a Territory law that is included in the national schedule of demerit points, the road transport authority must give all relevant information about the offence to the licensing authority of the other jurisdiction.
	(3)	However, the road transport authority is not required to give information under subsection (1) or (2) until—
	(a)	if the person is convicted, or found guilty, of the offence—the last day when the person could have appealed against the conviction or finding or, if the person appeals against the conviction or finding, the appeal is dismissed or discontinued; or
	(b)	the person is served with an infringement notice for the offence and the infringement notice penalty for the offence is paid in whole or in part; or
	(c)	if the person is served with an infringement notice for the offence and the person applies in accordance with the Road Transport (General) Act 1999 for additional time to pay the infringement notice penalty for the offence—the administering authority for the offence allows the person additional time to pay the penalty; or
	(d)	if the person is served with an infringement notice for the offence and the person does not pay the infringement notice penalty for the offence or give a notice disputing liability for the offence in accordance with the Road Transport (General) Act 1999—the time within which the penalty is payable or the notice given under that Act has ended.
Note	For when an infringement notice penalty is payable, see the Road Transport (General) Act 1999, s 27.
	(4)	If the road transport authority receives information about a person from the licensing authority of another jurisdiction under a provision of a law of the other jurisdiction that corresponds to subsection (1) or (2), the authority must take the action under this Act that the authority would have taken if the offence had been committed in the ACT against a Territory law.
Division 2.3	Demerit points system
13	Meaning of demerit points offence
In this Act:
demerit points offence means—
	(a)	an offence included in the national schedule of demerit points; or 
	(b)	any other offence prescribed under the regulations made under the Road Transport (General) Act 1999 for section 14 (1) of this Act; or
	(c)	an offence recognised under section 14 (2) of this Act.
13A	Recording of demerit points (NSW s 14 (2), s 16 (1))
	(1)	The road transport authority must record, in the demerit points register, against a person the number of demerit points prescribed under the regulations made under the Road Transport (General) Act 1999 for the demerit points offence if—
	(a)	the person is convicted, or found guilty, of the offence; or
	(b)	the person is served with an infringement notice for the offence and the infringement notice penalty for the offence is paid in whole or in part; or
	(c)	the person is served with an infringement notice for the offence, the person applies in accordance with the Road Transport (General) Act 1999 for additional time to pay the infringement notice penalty for the offence, and the administering authority for the offence allows the person additional time to pay the penalty; or
	(d)	the person is served with an infringement notice for the offence, the person does not pay the infringement notice penalty for the offence or give a notice disputing liability for the offence in accordance with the Road Transport (General) Act 1999, and the time within which the penalty is payable or the notice given under that Act has ended.
Note	For when an infringement notice penalty is payable, see the Road Transport (General) Act 1999, s 27.
	(2)	The demerit points must be recorded in the demerit points register for the day when the offence was committed.
13B	When demerit points are incurred
	(1)	This section applies to demerit points recorded against a person in the demerit points register for a demerit points offence (including demerit points for an offence notified to the road transport authority under section 12 (4) (Mutual recognition of demerit points)). 
	(2)	The demerit points are taken to have been incurred by the person on the day when the offence to which the demerit points relate was committed.
14	Offences for which demerit points are incurred  (NSW s 15)
	(1)	The regulations made under the Road Transport (General) Act 1999 may prescribe—
	(a)	the offences (relating to the use of motor vehicles), and the number of demerit points incurred for each offence, that make up the national schedule of demerit points; and
	(b)	additional offences (relating to the use of motor vehicles) against Territory law for which demerit points may be incurred and the number of demerit points incurred for each offence.
	(2)	The Minister may, in writing—
	(a)	recognise offences (relating to the use of motor vehicles) against the law of another jurisdiction that are not included in the national schedule of demerit points as offences for which demerit points may be incurred; and
	(b)	state the number of demerit points incurred for each offence.
	(3)	The Minister may, in writing, revoke the recognition of an offence under subsection (2) or amend the number of demerit points stated for an offence.
	(4)	A regulation under the Road Transport (General) Act 1999 or an instrument under this section may provide for different numbers of demerit points for the same offence in different circumstances (whether or not the offence is included in the national schedule of demerit points).
	(5)	An offence is recognised under this section on the day the instrument recognising the offence is notified under the Legislation Act 2001 or, if a later day or time is provided in the instrument, on the later day or at the later time.
	(6)	A revocation or amendment under subsection (3) takes effect on the day the instrument making the revocation or amendment is notified under the Legislation Act 2001 or, if a later day or time is provided in the instrument, on the later day or at the later time.
	(7)	However, the revocation or amendment does not affect any demerit points incurred before the revocation or amendment begins.
	(8)	An instrument under subsection (2) or (3) is a disallowable instrument.
Note 	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
15	Warning notices (MTA s 180T)
	(1)	This section applies to the holder of a driver licence, other than a learner licence, probationary licence, provisional licence or restricted licence.
Note	Learner, probationary, provisional and restricted licences are dealt with under the regulations, see s 22.
	(2)	If the person incurs 7 or more demerit points within the 3 year period ending on the day when the person last committed an offence for which demerit points have been recorded against the person, the road transport authority must send a notice to the person—
	(a)	reminding the person of the number of demerit points incurred by the person; and
	(b)	warning the person about the relevant provisions of this Act.
	(3)	Failure to comply with subsection (2) does not affect the validity of anything done by the road transport authority or a court.
16	Consequences of incurring demerit points—holder of licence (NSW s 16 (2)-(3))
	(1)	This section applies to a person if—
	(a)	the person is the holder of a driver licence, other than a learner licence, probationary licence, provisional licence or restricted licence; and
	(b)	the person incurs 12 or more demerit points within the 3 year period ending on the day when the person last committed an offence for which demerit points have been recorded against the person.
	(2)	The road transport authority must serve a notice of licence suspension on the person under section 18.
	(3)	However, the road transport authority is not required to serve a notice of suspension on the person if the authority is of the opinion—
	(a)	that it would be unreasonable to do so, having regard to when any offence for which demerit points were incurred was committed; or
	(b)	that it would be more appropriate for a notice of licence ineligibility to be served on the person under section 20.
17	Consequences of incurring demerit points—applicant for issue or renewal of licence (NSW s 14 (3)-(4), s 16A (1)-(2))
	(1)	This section applies to a person if—
	(a)	the person applies to the road transport authority for a driver licence (including the renewal of a driver licence), other than a learner licence, probationary licence, provisional licence or restricted licence; and 
	(b)	the person has incurred 12 or more demerit points within the 3 year period ending on the day when the person last committed an offence for which demerit points have been recorded against the person.
	(2)	The road transport authority may—
	(a)	refuse the person’s application and serve a notice of licence ineligibility on the person under section 20; or
	(b)	issue the licence and serve a notice of licence suspension on the person under section 18.
	(3)	However, the road transport authority must not serve a notice of licence ineligibility and a  notice of licence suspension on the person for the same 3 year period.
18	Licence suspension (NSW s 16 (4)-(7), (10)-(12))
	(1)	A notice of licence suspension served on a person by the road transport authority under this section—
	(a)	must state the date of the notice; and 
	(b)	must state the date, not earlier than 21 days after the notice is served on the person, when the suspension of the person’s driver licence is to begin (the date of effect); and 
	(c)	must state the period of licence suspension; and 
	(d)	must include any other information required under the regulations; and 
	(e)	may include any additional information the road transport authority considers appropriate.
	(2)	The period of licence suspension is the period, beginning on the date of effect, applying under the table of licence suspension for demerit points.
Table of licence suspension for demerit points
column 1
item	column 2
number of demerit points incurred within previous 3 years	column 3
period of licence suspension	
1	12-15	3 months	
2	16-19	4 months	
3	20 or more	5 months	
	(3)	If the person does not make an election under section 19, the person’s driver licence is suspended for the period of licence suspension.
	(4)	A person whose driver licence is suspended under this section is not entitled to apply for, or be issued with, a restricted licence during the suspension period.
	(5)	At the beginning of the period of licence suspension under this section or, if the person makes an election under section 19, the 12 months period of good behaviour under that section, all demerit points recorded in the demerit points register against the person on the date of the notice of licence suspension under this section, and taken into account for the notice, are taken to be deleted.
	(6)	Subsection (5) does not prevent the road transport authority keeping records of deleted demerit points.
	(7)	In this section:
previous 3 years means the 3 year period ending on the day when the person last committed an offence for which demerit points have been recorded against the person.
19	Good behaviour alternative to licence suspension (NSW s 16 (8)-(12))
	(1)	If a person is served with a notice of licence suspension under section 18, the person may elect, as an alternative to undergoing the period of licence suspension applying under the notice, to be of good behaviour for 12 months beginning on the day when the licence would otherwise have been suspended.
	(2)	The election must be made by notice given to the road transport authority before the period of licence suspension begins.
	(3)	If the person makes the election and incurs 2 or more demerit points during the 12 month good behaviour period, the road transport authority must serve a notice of licence suspension on the person under this section.
	(4)	The notice of licence suspension—
	(a)	must state the date of the notice; and 
	(b)	must state the date, not earlier than 21 days after the notice is served on the person, when the suspension of the person’s driver licence is to begin (the date of effect); and 
	(c)	must state the period of licence suspension; and 
	(d)	must include any other information required under the regulations; and 
	(e)	may include any additional information the road transport authority considers appropriate.
	(5)	The period of licence suspension is the period, beginning on the date of effect, that is twice as long as the period of licence suspension that would have applied to the person if the person had not made the election.
	(6)	If the person is served with a notice of licence suspension under this section, the person’s driver licence is suspended for the period of licence suspension.
	(7)	A person whose driver licence is suspended under this section is not entitled to apply for, or be issued with, a restricted licence during the suspension period.
	(8)	At the beginning of the period of licence suspension under this section, all demerit points recorded in the demerit points register against the person on the date of the notice of licence suspension under this section, and taken into account for the notice,  are taken to be deleted.
	(9)	Subsection (8) does not prevent the road transport authority keeping records of deleted demerit points.
20	Licence ineligibility (NSW s 16A (3)-(6), (10)-(11))
	(1)	A notice of licence ineligibility served on a person by the road transport authority under this section—
	(a)	must state the date of the notice; and
	(b)	must state the date, not earlier than 21 days after the notice is served on the person, when the ineligibility of the person to obtain a driver licence is to begin (the date of effect); and 
	(c)	must state the period of licence ineligibility; and
	(d)	must include any other information required under the regulations; and 
	(e)	may include any additional information the road transport authority considers appropriate.
	(2)	The period of licence ineligibility is the period, beginning on the date of effect, applying under the table of licence ineligibility for demerit points.
Table of licence ineligibility for demerit points
column 1
item	column 2
number of demerit points incurred within previous 3 years	column 3
period of licence ineligibility	
1	12-15	3 months	
2	16-19	4 months	
3	20 or more	5 months	
	(3)	If the person does not make an election under section 21, the person is disqualified from holding or obtaining a driver licence during the period of licence ineligibility and is not entitled to apply for, or be issued with, a restricted licence during that period.  
	(4)	At the beginning of the period of licence ineligibility under this section or, if the person makes an election under section 21, the 12 months period of good behaviour under that section, all demerit points recorded in the demerit points register against the person on the date of the notice of licence ineligibility under this section, and taken into account for the notice, are taken to be deleted. 
	(5)	Subsection (4) does not prevent the road transport authority keeping records of deleted demerit points.
	(6)	In this section:
previous 3 years means the 3 year period ending on the day when the person last committed an offence for which demerit points have been recorded against the person.  
21	Good behaviour alternative to licence ineligibility (NSW s 16A (7)-(11))
	(1)	If a person is served with a notice of licence ineligibility under section 20, the person may elect, as an alternative to undergoing the period of licence ineligibility applying under the notice, to be of good behaviour for 12 months beginning on the day when the period of licence ineligibility would otherwise have begun.
	(2)	The election must be made by notice given to the road transport authority before the period of licence ineligibility begins.
	(3)	If the person makes the election and incurs 2 or more demerit points during the 12 months good behaviour period, the road transport authority must serve a notice of licence suspension on the person under this section.
	(4)	The notice of licence suspension—
	(a)	must state the date of the notice; and
	(b)	must state the date, not earlier than 21 days after the notice is served on the person, when the suspension of the person’s driver licence is to begin (the date of effect); and 
	(c)	must state the period of licence suspension; and
	(d)	must include any other information required under the regulations; and 
	(e)	may include any additional information the road transport authority considers appropriate.
	(5)	The period of licence suspension is the period, beginning on the date of effect, that is twice as long as the period of licence ineligibility that would have applied to the person if the person had not made the election.
	(6)	If the person is served with a notice of licence suspension under this section, the person’s driver licence is suspended for the period of licence suspension.
	(7)	A person whose driver licence is suspended under this section is not entitled to apply for, or be issued with, a restricted licence during the suspension period.
	(8)	At the beginning of the period of licence suspension under this section, all demerit points recorded in the demerit points register on the date of the notice of licence suspension under this section, and taken into account for the notice, are taken to be deleted.
	(9)	Subsection (8) does not prevent the road transport authority keeping records of deleted demerit points.
22	Demerit points incurred by learner, probationary, provisional and restricted licence holders etc (NSW s 17)
	(1)	The regulations may make provision in relation to—
	(a)	the issue (including renewal), suspension or cancellation by the road transport authority of a learner licence, probationary licence, provisional licence or restricted licence (a relevant licence) if the applicant for the licence incurs the prescribed number or more of demerit points for the licence; or
	(b)	the suspension or cancellation by the authority of any other driver licence if the holder of the licence has incurred the prescribed number or more of demerit points for a relevant licence held by the person; or
	(c)	the suspension or cancellation by the authority of an additional provisional class of a driver licence if the holder of the licence incurs the prescribed number or more of demerit points for the additional provisional class. 
Example for par (b)
If a person incurs the prescribed number of demerit points for a provisional licence held by the person and, before a notice of licence suspension takes effect, the person is issued with a licence to which section 16 applies (a full licence), the regulations may authorise the full licence to be suspended even though the person has not incurred 12 or more demerit points.
	(2)	Without limiting subsection (1), the regulations may make provision in relation to—
	(a)	warning, suspension and cancellation notices in relation to demerit points; or
	(b)	periods of suspension and periods of inability to obtain a driver licence; or
	(c)	the circumstances when suspension rather than cancellation may be imposed; or
	(d)	disregarding demerit points, or deleting demerit points from the demerit points register, and the circumstances when such action may or must be taken; or
	(e)	other consequences for a person in relation to demerit points incurred by the person.
23	Demerit points incurred but not taken into account for notice of licence suspension etc (NSW s 16 (11), s 16A (10))
	(1)	This section applies to—
	(a)	demerit points incurred by a person on or before the date of a notice of licence suspension or ineligibility served on the person under this division and that were not taken into account for the notice; and
	(b)	demerit points incurred by the person after the date of the notice and—
	(i)	before the period of licence suspension or licence ineligibility applying under the notice begins; or
	(ii)	if the person elects under this division to be of good behaviour for 12 months—before the period of good behaviour begins.
	(2)	The demerit points are only taken into account in relation to the person from the end of the period of licence suspension or ineligibility applying under the notice or, if the person elects under this division to be of good behaviour for 12 months, from the end of the good behaviour period.
24	Demerit points not affected by licence suspension etc under another law (NSW s 18 (1)-(3))
	(1)	A period of licence suspension under this division is additional to any period of licence suspension otherwise imposed under Territory law.
	(2)	A period of disqualification from holding or obtaining a driver licence under this division is additional to any period of disqualification otherwise imposed under Territory law.
	(3)	Demerit points recorded in the demerit points register against a person are not affected by a period of licence suspension or disqualification imposed by a court in Australia or under part 3 or any other Territory law.
	(4)	This section does not prevent the regulations from requiring the road transport authority to take into account an earlier period of suspension ended by a disqualification in deciding whether to issue a new driver licence to a person who has completed the period of disqualification.
25	Issue of licence suspension notice etc (NSW s 18 (4))
The road transport authority may give a notice of suspension or licence ineligibility to a person under this division without giving the person an opportunity to make representations why the notice should not be given.
Division 2.4	Regulations
26	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 20 penalty units for offences against the regulations.
27	Regulations may apply certain documents etc (NSW s 19 (2), MTA s 218)
	(1)	The regulations—
	(a)	may apply, adopt or incorporate, entirely or in part and with or without changes, publications of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council or any other publication (including an Act or regulation of another jurisdiction), as in force at a particular time or as in force from time to time; and
	(b)	may apply to any provision of the regulations, entirely or in part and with or without changes, the provisions of the Criminal Code set out in the Criminal Code Act 1995 (Cwlth), schedule.
	(2)	For the regulations, the regulations may define a word or expression (or apply, adopt, or incorporate a definition of a word or expression in a publication mentioned in subsection (1) (a)) defined by this Act—
	(a)	in the same (or in substantially the same) way as it is defined by this Act; or
	(b)	by reference to a matter included in the word or expression as defined by this Act; or
	(c)	by reference to a combination of matters included in the word or expression as defined by this Act and in any other word or expression defined by this Act (but not in a way that exceeds the power to make regulations about those matters); or
	(d)	for applying, adopting or incorporating a publication of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council—in the same way as it is defined in the publication despite anything in this Act or other road transport legislation.
	(3)	If a regulation applies, adopts or incorporates a publication (or provision of a publication) of the National Road Transport Commission approved, or of matters approved, by the Australian Transport Council, evidence of the publication or provision may be given in a proceeding—
	(a)	by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of the National Road Transport Commission; or
	(b)	by the production of a document purporting to be a copy of it and purporting to be printed by the government printer or by the authority of the Government of any jurisdiction.
	(4)	In this section, a reference to a publication of the National Road Transport Commission includes a reference to a document published on behalf of the National Road Transport Commission.
28	Driver licensing system (NSW s 20)
	(1)	The regulations are to provide for a system of licensing drivers of motor vehicles used on roads or road related areas that provides a way of authorising the driving of motor vehicles on roads and road related areas and identifying people as licensed drivers of motor vehicles.
	(2)	Without limiting the scope of regulations under subsection (1), the regulations may—
	(a)	make provision for or with respect to—
	(i)	the issue or refusal to issue driver licences; and
	(ii)	the renewal and the refusal to renew driver licences; and
	(iii)	the imposition of conditions on driver licences; and 
	(iv)	the replacement of and refusal to replace driver licences; and
	(b)	make provision for or with respect to the cancellation, variation and suspension of driver licences; and
	(c)	fix the periods for which a driver licence or renewal remains in force; and
	(d)	require the production of information by—
	(i)	applicants for driver licences or for renewals or variation of driver licences; or
	(ii)	holders of driver licences; and
	(e)	make provision for or with respect to the recognition by the road transport authority of things done under a corresponding law; and
	(f)	provide that this Act, or a stated provision of this Act, does not apply, or ceases to apply, to persons prescribed under the regulations; and
	(g)	provide that persons prescribed under the regulations are exempt from this Act or a stated provision of this Act; and
	(h)	allow the road transport authority to revoke, in the way and in circumstances prescribed under the regulations, an exemption given under a regulation made for paragraph (g); and
	(i)	prescribe different classes and kinds of driver licences, grade each class or kind by reference to the driving skills required for the class or kind, and prescribe the eligibility criteria for the issue of each class or kind of licence; and
	(j)	allow the road transport authority to exempt persons from holding a driver licence (whether or not subject to conditions imposed by the authority); and
	(k)	make provision for or with respect to the keeping of the driver licence register or demerit points register; and
	(l)	prescribe the circumstances in which driver licences must be surrendered or returned to the road transport authority; and 
	(m)	make provision for or with respect to the disclosure of personal information in the driver licence register or demerit points register; and
	(n)	make provision for or with respect to competency-based assessment schemes relating to driver licensing; and
	(o)	require persons who are—
	(i)	applicants for driver licences or for renewal or variation of driver licences; and
	(ii)	holders of driver licences; and
	(iii)	persons exempted under the regulations from holding a driver licence;
to submit to tests or medical or other examinations to assess fitness to obtain, hold or continue to hold a driver licence, a varied driver licence or an exemption from holding a driver licence; and
	(p)	require the holder of an Australian driver licence issued under the law of another jurisdiction to submit to tests or medical or other examinations to assess the person’s fitness to drive in the Territory; and
	(q)	make provision for or with respect to driver training schemes; and
	(r)	make provision for or with respect to the accreditation of driving instructors, including the conduct and content of driving instruction and examinations.
	(3)	The kinds of driver licence that may be prescribed include, but are not limited to, conditional licences, learner licences, probationary licences, provisional licences, public vehicle licences  and restricted licences.

Part 3	Offences
    
29	Obtaining licence by false statements etc (NSW s 22, MTA s 177 (a))
	(1)	A person must not—
	(a)	by a false statement, a misrepresentation or other dishonest means obtain a driver licence (including a driver licence as varied) or the renewal of a driver licence; or
	(b)	without lawful authority or excuse, possess an Australian driver licence or external driver licence obtained or renewed (whether in the ACT or elsewhere) using those means.
Maximum penalty:	  20 penalty units.
	(2)	A driver licence so obtained or renewed is void, and the road transport authority may alter the driver licence register accordingly.
30	Unlawful possession of licence etc (NSW s 23, MTA s 177 (c), (d))
	(1)	A person must not, without lawful authority or excuse, possess—
	(a)	an Australian driver licence or external driver licence issued to someone else; or
	(b)	an Australian driver licence or external driver licence that has been forged, fraudulently changed or changed in a way calculated to deceive; or
	(c)	anything resembling an Australian driver licence or external driver licence that is calculated to deceive.
Maximum penalty:	  20 penalty units.
	(2)	A person must not—
	(a)	forge or fraudulently change or use an Australian driver licence or external driver licence; or 
	(b)	fraudulently lend or allow to be used by someone else an Australian driver licence or external driver licence.
Maximum penalty:	  20 penalty units.
	(3)	A person must not change an Australian driver licence or external driver licence in a way calculated to deceive.
Maximum penalty:	  20 penalty units.
	(4)	A person must not, without lawful authority or excuse, deface, damage, or otherwise interfere with, an Australian driver licence or external driver licence.
Maximum penalty:	  20 penalty units.
31	Driver must be licensed (NSW s 25, MTA s 176 (1))
	(1)	A person must not drive a motor vehicle on a road or road related area unless the person—
	(a)	is the holder of an Australian driver licence that authorises the person to drive a motor vehicle of that kind; or
	(b)	is exempted under the regulations from holding an Australian driver licence.
Maximum penalty:	  20 penalty units.
	(2)	A person who is not, and never has been, the holder of an Australian driver licence must not drive a motor vehicle on a road or road related area unless the person is exempted under the regulations from holding an Australian driver licence.
Maximum penalty:
	(a)	for a first offender—20 penalty units; or
	(b)	for a repeat offender—50 penalty units, imprisonment for 6 months or both.
	(3)	If—
	(a)	a court convicts a person of an offence against subsection (2); and
	(b)	the person is a repeat offender;
the person is automatically disqualified from obtaining a driver licence for 3 years or, if the court orders a longer period, the longer period. 
	(4)	A disqualification under this section is in addition to any penalty imposed for the offence.
Note	Under the Road Transport (General) Act 1999, s 66 (1) the disqualification of a person from holding or obtaining a driver licence (whether or not by order of a court) operates to cancel any driver licence held by the person.
	(5)	For subsections (2) and (7), a person is taken to never to have been the holder of an Australian driver licence if the person has not held an Australian driver licence at any time within 5 years before being convicted, or found guilty, of the offence concerned.
	(6)	For subsections (2) and (3):
	(a)	a person who is convicted of an offence against subsection (2) (the current offence) is a repeat offender in relation to the current offence if the person has been convicted, or found guilty, of an offence against the subsection within 5 years before being convicted of the current offence; and
	(b)	a person who is convicted of an offence against subsection (2) is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.
	(7)	A person who has never been the holder of an Australian driver licence cannot be convicted or found guilty of an offence against both this section and section 32 in relation to driving a motor vehicle on the same occasion. 
	(8)	However, this section does not prevent the person from being convicted or found guilty of an offence against section 32 in relation to driving a motor vehicle that is an offence against this section.
	(9)	A person cannot be convicted or found guilty against both subsections (1) and (2) in relation to driving a motor vehicle on the same occasion. 
	(10) 	However, a person charged with an offence against subsection (2) can be convicted or found guilty instead of an offence against subsection (1), but a person charged with an offence against subsection (1) cannot be convicted or found guilty instead of an offence against subsection (2).
32	Offences committed by disqualified drivers etc (NSW s 25A)
	(1)	A person who is disqualified by a court in Australia or under the law of any jurisdiction from holding or obtaining an Australian driver licence must not—
	(a)	drive a motor vehicle on a road or road related area during the period of disqualification except in accordance with a restricted licence issued to the person; or
	(b)	apply for a driver licence during the period of disqualification and in, or in relation to, the application state his or her name falsely or incorrectly or omit to mention the disqualification.
Maximum penalty:
	(a)	for a first offender—50 penalty units, imprisonment for 6 months or both; or
	(b)	for a repeat offender—100 penalty units, imprisonment for 1 year or both.
	(2)	A person whose Australian driver licence is suspended by a court in Australia or under the law of any jurisdiction must not—
	(a)	drive a motor vehicle on a road or road related area during the period of suspension except in accordance with a restricted licence issued to the person; or
	(b)	apply for a driver licence during the period of suspension and in, or in relation to, the application state his or her name falsely or incorrectly or omit to mention the suspension.
Maximum penalty:
	(a)	for a first offender—50 penalty units, imprisonment for 6 months or both; or
	(b)	for a repeat offender—100 penalty units, imprisonment for 1 year or both.
	(3)	A person whose application for an Australian driver licence is refused in any jurisdiction, or whose Australian driver licence is cancelled by a court in Australia or under the law of any jurisdiction (other than under the Road Transport (General) Act 1999, section 66 (1) or a corresponding provision of the law of another jurisdiction), must not—
	(a)	drive a motor vehicle on a road or road related area without having subsequently obtained an Australian driver licence; or
	(b)	apply for a driver licence and in, or in relation to, the application state his or her name falsely or incorrectly or omit to mention the refusal or cancellation.
Maximum penalty:
	(a)	for a first offender—50 penalty units, imprisonment for 6 months or both; or
	(b)	for a repeat offender—100 penalty units, imprisonment for 1 year or both.
	(4)	Subsection (3) (b) does not apply if the person has obtained an Australian driver licence after any such refusal or cancellation on an application that stated his or her name correctly and mentioned the refusal or cancellation.
	(5)	The regulations may provide that subsection (1) (a), (2) (a) or (3) (a) does not apply to the driving of a motor vehicle in circumstances prescribed under the regulations.
	(6)	If a court convicts a person of an offence against subsection (1), (2) or (3), the person is automatically disqualified from holding or obtaining a driver licence—
	(a)	for a first offender—for 12 months or, if the court orders a longer period, the longer period; or
	(b)	for a repeat offender—for 24 months or, if the court orders a longer period, the longer period.
Note	Under the Road Transport (General) Act 1999, s 66 (1) the disqualification of a person from holding or obtaining a driver licence (whether or not by order of a court) operates to cancel any driver licence held by the person.
	(7)	If a person is already disqualified from holding or obtaining a driver licence, or the person’s driver licence is suspended, the disqualification takes effect at the end of the disqualification or suspension.
	(8)	A disqualification under this section is in addition to any penalty imposed for the offence.
	(9)	In this section—
	(a)	a person who is convicted of an offence against this section (the current offence) is a repeat offender in relation to the current offence if the person has been convicted, or found guilty, of an offence against this section within 5 years before being convicted of the current offence; and
	(b)	a person who is convicted of an offence against this section is a first offender in relation to the offence if the person is a not a repeat offender in relation to the offence.
33	Contravention of conditions of restricted licence (MTA s 11D, s 191H)
	(1)	The holder of a restricted licence must not, without reasonable excuse, contravene a condition to which the licence is subject.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	If the holder of a restricted licence is convicted, or found guilty, by a court of an offence against subsection (1), the licence is automatically cancelled unless the court orders otherwise.
	(3)	If the licence is cancelled under subsection (2), the cancellation  takes effect from the time of the conviction or finding or, if the court orders a later date, on the later date.
	(4)	Subsection (2) does not apply if the licence is cancelled under another provision of the road transport legislation.
Note	Under the Road Transport (General) Act 1999, s 66 (1) the disqualification of a person from holding or obtaining a driver licence (whether or not by order of a court) operates to cancel any driver licence held by the person.
	(5)	The holder of a licence cancelled under subsection (2) is disqualified from applying for, or being issued with, another restricted licence for the remainder of the period for which the person was originally disqualified from holding or obtaining a driver licence.

Part 3A	Protection of photographs and signatures
    
33A	Application of pt 3A
This part applies to photographs and signatures taken by the road transport authority, or given to the authority, in relation to applications for the issue, replacement, renewal or variation by the authority of a driver licence or proof of age card.
33B	Definitions for pt 3A
In this part:
photograph means a photograph to which this part applies, and includes a copy of a photograph.
Note	Photograph includes a digitised, electronic or computer generated image in a form approved by the road transport authority (see the dict).
signature means a signature to which this part applies, and includes a copy of a signature.
33C	Use of photographs and signatures
	(1)	The road transport authority may use a photograph or signature only for 1 or more of the following purposes:
	(a)	for a photograph—to reproduce the likeness of a person on a driver licence or proof of age card issued to the person;
	(b)	for a signature—to reproduce a person’s signature on a driver licence or proof of age card issued to the person;
	(c)	to assist in establishing the identity of a person to decide whether to issue, replace, renew or vary a driver licence or proof of age card;
	(d)	to assist in establishing the identity of a person to decide whether to register, or renew, vary or transfer the registration of, a vehicle under the Road Transport (Vehicle Registration) Act 1999 or to replace a certificate of registration under that Act;
	(e)	in relation to the investigation of, or the conduct of criminal proceeding for, an offence against the road transport legislation; 
	(f)	for a signature—any other purpose related to the administration of the road transport legislation;
	(g)	a purpose prescribed under the regulations or allowed by another law in force in the ACT.
Note	The information Privacy Principles apply to the road transport authority.  Principle 10 states when personal information may be used by an agency (see Privacy Act 1988 (Cwlth), s 14). 
	(2)	A photograph or signature may be used for a purpose mentioned in this section at the time that the photograph or signature is taken by, or given to, the road transport authority or at any later time.
33D	Disclosure of photographs and signatures by road transport authority
	(1)	The road transport authority must ensure that a photograph or signature is not disclosed by the authority to someone else except—
	(a)	to a police officer; or
	(b)	to an entity of another jurisdiction that corresponds to the road transport authority; or
	(c)	for a purpose in relation to the investigation of, or the conduct of, a criminal proceeding for an offence against the road transport legislation or in relation to a proof of age card; or
	(d)	to a court officer for the recovery of a fine (including proceedings under the Magistrates Court Act 1930, division 9.2 (Enforcement of fines)); or
	(e)	for a photograph—to the person shown in the photograph; or
	(f)	for a signature—to the person who made the signature; or
	(g)	to a person, or for a purpose, prescribed under the regulations or in accordance with another law in force in the ACT.
Note 1	The Information Privacy Principles apply to the road transport authority.  Principle 11 states when personal information may be disclosed by an agency (see Privacy Act 1988 (Cwlth), s 14). 
Note 2	Access to photographs and signatures may be sought under the Freedom of Information Act 1989 (which also provides that certain information is exempt from disclosure).
	(2)	The regulations may limit the people to whom, the purposes for which, or the circumstances when, a photograph or signature may be disclosed under subsection (1) (a) to (d). 
	(3)	In this section:
court officer means a person who is—
	(a)	the sheriff or a deputy sheriff under the Supreme Court Act 1933, another officer of the Supreme Court or a public servant assisting the sheriff; or
	(b)	the registrar, a deputy registrar or a bailiff under the Magistrates Court Act 1930 or a member of the staff of the Magistrates Court assisting the registrar.
fine—see the Magistrates Court Act 1930, section 146.
33E	Security of photographs and signatures 
	(1)	The road transport authority must ensure that photographs and signatures are kept securely.
Note	The Information Privacy Principles apply to the road transport authority.  Principle 4 states requirements about the storage and security of personal information (see Privacy Act 1988 (Cwlth), s 14). 
	(2)	The regulations may make provision in relation to the keeping of photographs and signatures.
33F	Unauthorised reproduction of photographs and signatures
	(1)	This section applies to a person (a record keeper) who is employed or engaged in relation to any aspect of the production of driver licences or proof of age cards or who is otherwise involved in the administration or enforcement of the road transport legislation.
	(2)	A record keeper must not reproduce (by photographic or other means) the likeness of the person who is shown (or is to be shown) on a driver licence or proof of age card other than—
	(a)	for the administration or enforcement of the road transport legislation or the Liquor Act 1975, section 175; or
	(b)	in accordance with, or for any other purpose mentioned in, section 33C (Use of photographs and signatures) or section 33D (Disclosure of photographs and signatures by road transport authority).
Maximum penalty: 20 penalty units.
	(3)	A record keeper must not reproduce (by any means) the signature of the person to whom a driver licence or proof of age card is issued (or is to be issued) other than—
	(a)	for the administration or enforcement of the road transport legislation or the Liquor Act 1975, section 175; or
	(b)	in accordance with, or for any other purpose mentioned in, section 33C (Use of photographs and signatures) or section 33D (Disclosure of photographs and signatures by road transport authority).
Maximum penalty: 20 penalty units.

Part 4	Miscellaneous
    
34	Additional matters about identity
The road transport authority may refuse to issue, replace, renew or vary a driver licence or proof of age card if—
	(a)	the applicant has not gone to a place designated by the road transport authority and had a photograph taken, by a person authorised by the authority to take photographs for this Act, that is suitable for use on the driver licence or proof of age card; or
	(b)	in the authority’s opinion it is impracticable for the applicant to go to a designated place and the applicant has not given the authority a photograph of the applicant that the authority considers is suitable for use on the driver licence or proof of age card; or
	(c)	the applicant has not given, in support of the application, evidence that is required under the regulations or by the authority to establish the applicant’s identity or home address.
35	Effect of expiry of driver licence during a suspension period (NSW s 33A)
If a person’s driver licence expires while it is suspended under this Act or any other Territory law—
	(a)	the person is not eligible to apply for, or be issued with, another driver licence during the unexpired part of the suspension period; and
	(b)	the person’s driver licence is taken to be suspended during the unexpired part of the suspension period for any provision of this Act or any other Territory law that creates an offence in relation to driving a motor vehicle, or applying for a driver licence, while a person’s driver licence is suspended.
36	References to Motor Traffic Act etc
	In any Act or document, a reference to the Motor Traffic Act 1936 or the Motor Traffic Regulations 1934 is, in relation to anything to which this Act applies, a reference to this Act.
Note 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act (see Legislation Act 2001, s 104).

Part 5	Transitional
Division 5.1	Existing licences, suspensions and disqualifications
37	Definitions for div 5.1
In this division:
existing disqualification means a disqualification from holding or obtaining a driving licence that was in force under the former Act, or the Motor Traffic (Alcohol and Drugs) (Amendment) Act 1997, section 19 (1), immediately before the commencement of this Act, other than a disqualification mentioned in the Road Transport (General) Act 1999, section 291 or 293.
existing licence means a driving licence issued under the former Act that was in force immediately before the commencement of this Act.
existing suspension means a suspension of a driving licence that was in force under the former Act, or the Motor Traffic (Alcohol and Drugs) (Amendment) Act 1997, section 18, immediately before the commencement of this Act, other than a suspension mentioned in the Road Transport (General) Act 1999, section 293.
former Act means the Motor Traffic Act 1936, and includes the former regulations.
former regulations means the Motor Traffic Regulations 1934.
38	Existing licences
	(1)	An existing licence is taken, after the commencement of this Act, to be a driver licence under this Act of the class prescribed under the regulations.
	(2)	The period of the licence under this Act is taken to be the unexpired period of the licence before the commencement.
	(3)	The licence continues to be subject to an endorsement or condition (however described) to which the licence was subject immediately before the commencement until the endorsement or condition ceases to have effect or it is removed or varied under this Act.
39	Existing demerit points
Demerit points recorded under the former Act immediately before the commencement of this Act are taken, after the commencement, to have been incurred under this Act.
40	Existing licence suspensions or disqualifications
	(1)	An existing suspension or existing disqualification continues, after the commencement of this Act, until it ceases to have effect or is removed or varied under this Act.
	(2)	To remove any doubt, the date when the suspension or disqualification began, and the duration of the suspension or disqualification, are not affected by this section.
41	Period a driver licence held
A reference in a Territory law to a person holding, or having held, an Australian driver licence (including holding the licence for a particular period) includes a driving licence held by the person under the former Act or a law of another jurisdiction that corresponds to the former Act.
42	Expiry of div 5.1
This division expires on 1 March 2006.

Dictionary
(see s 4)
additional provisional class, in relation to an Australian driver licence (including a provisional licence) of a particular class, means any other class of licence that is shown on the licence as a provisional class.
administering authority, for a demerit points offence, means the entity that, under the regulations made under the Road Transport (General) Act 1999, is the administering authority for the offence.
another jurisdiction means a jurisdiction other than the ACT.
Australian driver licence means—
	(a)	a driver licence; or
	(b)	a licence (including a conditional licence, learner licence, probationary licence, provisional licence or restricted licence or a driver licence receipt) issued under the law of another jurisdiction authorising the holder to drive a motor vehicle on a road or road related area.
Australian Transport Council means the Australian Transport Council mentioned in the National Road Transport Commission Act 1991 (Cwlth), section 3 or its successor.
authority—see road transport authority.
class, of a driver licence, means a class of driver licence prescribed under the regulations.
conditional licence means an Australian driver licence that is subject to a condition imposed by the road transport authority or the licensing authority of another jurisdiction.
corresponding law means a law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.
demerit points offence—see section 13 (Meaning of demerit points offence).
demerit points register means the register required to be kept under section 6 (c) (Functions of road transport authority).
drive a vehicle includes—
	(a)	be in control of the steering, movement or propulsion of the vehicle; and
	(b)	if the vehicle is a trailer—draw or tow the vehicle; and 
	(c)	if the vehicle can be ridden—ride the vehicle.
driver licence means—
	(a)	a licence (including a conditional licence, learner licence, probationary licence, provisional licence or restricted licence) issued under this Act authorising the holder to drive a motor vehicle on a road or road related area; or
	(b)	a driver licence receipt issued under this Act.
driver licence receipt means a receipt that—
	(a)	is issued following an application for an Australian driver licence and after payment of any applicable fee; and
	(b)	authorises the holder to drive a motor vehicle on a road or road related area.
driver licence register means the register required to be kept under section 6 (b) (Functions of road transport authority).
exercise a function includes perform a duty.
external driver licence means—
	(a)	an external Territory driver licence; or
	(b)	a foreign driver licence.
external Territory driver licence means a licence to drive a motor vehicle (however described) issued under the law of an external Territory.
foreign driver licence means a licence to drive a motor vehicle (however described) issued under the law of a foreign country.
function includes power. 
incur, demerit points for an offence—see section 13B (2) (When demerit points are incurred).
infringement notice—
	(a)	means a notice served under the Road Transport (General) Act 1999, section 24 (Service of infringement notices generally) or 36 (Service of infringement notices on responsible persons for vehicles); and
	(b)	includes a notice (however described) served on a person under the law of another jurisdiction that gives the person the option of paying an amount for an offence instead of being charged with the offence.
infringement notice penalty—
	(a)	see the Road Transport (General) Act 1999, dictionary; and
	(b)	includes an amount payable under an infringement notice served on a person under the law of another jurisdiction.
jurisdiction means a State, the Commonwealth or an internal Territory, including the ACT.
learner licence means an Australian driver licence issued to a person under the law of any jurisdiction that authorises the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive.
licensing authority, for another jurisdiction, means the entity that has functions under the law of the other jurisdiction corresponding to the functions of the road transport authority under this Act.
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
National Road Transport Commission means the National Road Transport Commission established by the National Road Transport Commission Act 1991 (Cwlth) or its successor.
national schedule of demerit points means the offences, and the number of demerit points incurred for each offence, prescribed under the regulations under the Road Transport (General) Act 1999 as the national schedule of demerit points.
photograph—
	(a)	includes a digitised, electronic or computer generated image in a form approved by the road transport authority; and
	(b)	for part 3A (Protection of photographs and signatures)—see section 33B.
probationary licence means—
	(a)	a driver licence, other than a learner licence, issued under this Act to a person who applies for a driver licence after a period of disqualification (whether or not by court order) from holding or obtaining an Australian driver licence; or
	(b)	an equivalent Australian driver licence issued under a corresponding law.
proof of age card means a card issued under the Liquor Act 1975, section 175 (1).
provisional licence means an Australian driver licence issued as a provisional licence, but does not include an Australian driver licence that includes an additional provisional class merely because it includes the additional provisional class.
public vehicle—see the Road Transport (General) Act 1999, section 158.
public vehicle licence means a driver licence that authorises the person to drive a public vehicle for hire or reward.
restricted licence means an Australian driver licence, issued under the authority of a court in Australia, that authorises the holder to drive only in the course of his or her employment or in other restricted circumstances.
road means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles, but does not include an area that would otherwise be a road so far as an order under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act does not apply to the area.
road related area means—
	(a)	an area that divides a road; or
	(b)	a footpath or nature strip adjacent to a road; or
	(c)	an area that is open to the public and is designated for use by cyclists or animals; or
	(d)	an area that is not a road and that is open to or used by the public for driving, riding, or parking vehicles; or
	(e)	a shoulder of a road; or
	(f)	any other area that is open to or used by the public so far as an order under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act applies to the area; 
but does not include an area that would otherwise be a road related area so far as an order under that section declares that this Act does not apply to the area.
road transport authority (or authority) means the Australian Capital Territory Road Transport Authority.
Note		The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999, s 16).
road transport legislation—see the Road Transport (General) Act 1999, section 6. 
signature, for part 3A (Protection of photographs and signatures)—see section 33B.
trailer means a vehicle being towed, or built to be towed, by a motor vehicle, but does not include a motor vehicle being towed.
use a vehicle includes drive, park or stop the vehicle on a road or road related area.
vehicle means—
	(a)	any description of vehicle on wheels, other than a vehicle used on a railway or tramway; or
	(b)	any other vehicle prescribed under the regulations.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
Road Transport (Driver Licensing) Act 1999 No 78
notified 23 December 1999 (Gaz 1999 No S65)
commenced 1 March 2000 (s 2 and Gaz 2000 No S5)
as amended by
Road Transport Legislation Amendment Act 2001 No 27 sch 3
notified 24 May 2001 (Gaz 2001 No 21)
s 1, s 2 commenced 24 May 2001 (IA s 10B)
sch 3 commenced 24 May 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 338
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 338 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Road Transport (Public Passenger Services) Act 2001 No 62 pt 1.4
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 1.4 commenced 1 December 2001 (s 2 and CN 2001 No 2)
Road Transport (Driver Licensing) Amendment Act 2002 No 5
notified LR 14 March 2002
commenced 15 March 2002 (s 2)
4	Amendment history
Preliminary
pt 1 note	am 2001 No 44 amdt 1.3704; 2001 No 62 amdt 1.7
Commencement
s 2	om 2001 No 27 amdt 3.23
Objects of Act
s 3	am 2001 No 44 amdt 1.3705
Definitions—the dictionary
s 4 	am 2001 No 62 amdt 1.8
Mutual recognition of demerit points
s 12	am 2001 No 27 amdt 3.24
	sub 2002 No 5 s 4
Meaning of demerit points offence
s 13	sub 2002 No 5 s 5
Recording of demerit points
s 13A	ins 2002 No 5 s 5
When demerit points are incurred
s 13B	ins 2002 No 5 s 5
	(3), (4) exp 15 June 2002 (s 13B (4))
Offences for which demerit points are incurred
s 14	am 2001 No 44 amdts 1.3706-1.3710
Demerit points incurred by learner, probationary, provisional and restricted licence holders etc
s 22	sub 2002 No 5 s 6
Regulation-making power
s 26	sub 2001 No 44 amdt 1.3711
Driver licensing system
s 28	am 2001 No 44 amdt 1.3712
Driver must be licensed
s 31	am 2001 No 27 amdts 3.25-3.27
Offences committed by disqualified drivers etc
s 32	am 2001 No 27 amdts 3.28-3.30
Protection of photographs and signatures
pt 3A	ins 2002 No 23 s 4
Application of pt 3A
s 33A	ins 2002 No 23 s 4
Definitions for pt 3A
s 33B	ins 2002 No 23 s 4
	def photograph ins 2002 No 23 s 4
	def signature ins 2002 No 23 s 4
Use of photographs and signatures
s 33C	ins 2002 No 23 s 4
Disclosure of photographs and signatures by road transport authority
s 33D	ins 2002 No 23 s 4
Security of photographs and signatures
s 33E	ins 2002 No 23 s 4
Unauthorised reproduction of photographs and signatures
s 33F	ins 2002 No 23 s 4
Additional matters about identity
s 34	sub 2002 No 23 s 5
References to Motor Traffic Act etc
s 36	am 2001 No 44 amdt 1.3713, amdt 1.3714
Existing licences, suspensions and disqualifications
div 5.1 hdg	exp 1 March 2006 (s 42)
Definitions for div 5.1
s 37	exp 1 March 2006 (s 42)
Existing licences
s 38	exp 1 March 2006 (s 42)
Existing demerit points
s 39	exp 1 March 2006 (s 42)
Existing licence suspensions or disqualifications
s 40	exp 1 March 2006 (s 42)
Period a driver licence held
s 41	exp 1 March 2006 (s 42)
Expiry of div 5.1
s 42	am 2001 No 27 amdt 3.31
	exp 1 March 2006 (s 42)
Other matters
div 5.2 hdg	exp 1 June 2001 (s 49)
Definitions for div 5.2
s 43	exp 1 June 2001 (s 49)
Existing learner licence receipts
s 44	exp 1 June 2001 (s 49)
Existing licence records
s 45	exp 1 June 2001 (s 49)
Demerit points records
s 46	exp 1 June 2001 (s 49)
Transitional regulations
s 47	exp 1 June 2001 (s 49)
Modification of pt 5’s operation
s 48	exp 1 June 2001 (s 49)
Expiry of div 5.2
s 49	am 2001 No 27 amdt 3.32
	exp 1 June 2001 (s 49)
Dictionary
dict	def administering authority ins 2002 No 5 s 7
	def demerit points offence ins 2002 No 5 s 8
	def incur ins 2002 No 5 s 9
	def photograph sub 2002 No 23 s 6
	def proof of age card ins 2002 No 23 s 7
	def public vehicle sub 2001 No 27 amdt 3.33; 2001 No 62 amdt 1.9
	def signature ins 2002 No 23 s 7
	def the regulations om 2001 No 44 amdt 1.3715
	def this Act om 2001 No 44 amdt 1.3715
5		Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	1 March 2000	
2	Act 2001 No 44	12 September 2001	
3	Act 2001 No 62	3 December 2001	
4	Act 2002 No 5	15 March 2002	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002