10 Court may impose penalty and disqualify driver on
(1) Any court before which a person is convicted of an offence under
this Act for which no penalty is specifically provided may impose a penalty
not exceeding 20 penalty units for the offence.
(2) Subject to sections 4B, 6, 7A and 10A, where:
(a) a person is convicted by a court of an offence against this Act or
the regulations, and
(b) at the time of the conviction, the court so
the person is disqualified from holding a driver licence for such period
as the court specifies.
(3) Any disqualification under this section is in addition to any
penalty imposed for the offence.
(3B) The regulations under the Road
Transport (Driver Licensing) Act 1998 may provide that any
driver licence held by a person who has been convicted of the offence of
driving a motor vehicle upon a road or road related area at a speed which is
dangerous to the public or of any offence under section 4A, shall in all cases
or in prescribed classes of cases be subject to a condition limiting the
licence to the driving of a motor vehicle to which is affixed a sealed device
which will prevent the engine from propelling the vehicle at a speed in excess
of sixty kilometres per hour. The regulations under the Road Transport (Driver Licensing) Act
1998 may provide a penalty for any breach of such condition
and may prescribe any matter necessary or convenient to be prescribed in
relation to any such device.
(4) The court shall cause particulars of each conviction or order
under this Act or the regulations to be forwarded to the
(5) The provisions of section 556A of the Crimes Act 1900 shall not apply
where a person is charged before a court with the offence under section 4 of
driving negligently (being driving occasioning death or grievous bodily harm),
section 4 of driving a motor vehicle upon a road or road related area
furiously or recklessly or at a speed or in a manner which is dangerous to the
public, or with an offence under section 4AA, section 4E (1D), (1E), (1F),
(1G) or (7), section 5 (2) or section 8 (1), or with aiding, abetting,
counselling or procuring the commission of any such offence, if at the time of
or during the period of five years immediately before the court’s
determination in respect of the charge (whether such period commenced before
or commences after the commencement of the Motor Traffic
(Amendment) Act 1951), the provisions of the said section 556A
are or have been applied to or in respect of such person in respect of a
charge for another offence (whether of the same or a different kind) of the
class referred to in this subsection.