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SENTENCING ACT 1991 - SECT 89A

Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence

    (1)     If a person is found guilty or convicted of any offence the court may—

        (a)     if the person is the holder of a driver licence or learner permit

              (i)     suspend that licence or permit for the period of time that the court specifies; or

              (ii)     cancel that licence or permit and disqualify him or her from obtaining a further one for the period of time that the court specifies; or

        (b)     if the person is not the holder of a driver licence or learner permit but is the holder of an equivalent licence or permit issued in another State or a Territory of the Commonwealth or another country, disqualify him or her from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified from obtaining a driver licence or learner permit, had he or she held one; or

        (c)     in any other case where the person is not the holder of a driver licence or learner permit, disqualify him or her from obtaining one for the period of time that the court specifies.

    (2)     If a period of suspension or disqualification is not specified by the court on making an order under subsection (1)(a), (b) or (c), the period is 3 months.

    (3)     A court that makes an order under subsection (1) must, at the time of doing so, cause to be entered in the records of the court the fact that it is an order made under this section and the offence or offences of which the person was found guilty or convicted.

    (4)     Subsection (1) does not apply to an offender found guilty or convicted of—

        (a)     a serious motor vehicle offence or an offence referred to in section 89(3) or (4); or

        (b)     an offence under the Road Safety Act 1986 or regulations made under that Act or rules made under section 95D of that Act.

Notes to s. 89A substituted by No. 7/2019 s. 29.

Notes

1     A person who is disqualified from obtaining a driver licence or learner permit or whose driver licence or learner permit is cancelled under this section by order of the Magistrates' Court or Children's Court may appeal to the County Court. See section 29 of the Road Safety Act 1986 .

    See sections 3AD and 3AE of the Road Safety Act 1986 for circumstances in which a person is to be taken to be disqualified from obtaining a driver licence or learner permit or from driving a motor vehicle on a road in Victoria.

2     Particulars of any order made by a court under this section must be sent immediately to the Roads Corporation—see section 87Q.

S. 89B substituted by No. 56/2013 s. 32.



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