Victorian Current Acts

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SENTENCING ACT 1991 - SECT 89D

Presumption in favour of concurrency

    (1)     If the driver licence or learner permit of an offender is suspended under section 89(4) or 89A(1) ( later suspension ) and the driver licence or learner permit of the offender has previously been suspended under—

        (a)     either of those sections; or

        (b)     the Road Safety Act 1986 ; or

        (c)     regulations made under the Road Safety Act 1986 or rules made under section 95D of that Act—

the later suspension is presumed to operate concurrently with the earlier suspension, unless the court orders otherwise.

    (2)     If a person is disqualified under section 89(1), (3) or (4) or 89A(1) from obtaining a driver licence or learner permit or from driving ( later disqualification ) and the offender has previously been disqualified from obtaining a driver licence or learner permit or from driving under—

        (a)     any of those sections; or

        (b)     the Road Safety Act 1986 ; or

        (c)     regulations made under the Road Safety Act 1986 or rules made under section 95D of that Act—

the later disqualification is presumed to operate concurrently with the earlier disqualification, unless the court orders otherwise.

    (3)     The presumption—

        (a)     under subsection (1) does not apply if the Road Safety Act 1986 or regulations made under that Act or rules made under section 95D of that Act require the suspension to be consecutive;

        (b)     under subsection (2) does not apply if the Road Safety Act 1986 or regulations made under that Act or rules made under section 95D of that Act require the disqualification to be consecutive.

S. 89DA inserted by No. 56/2013 s. 32.



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