Road Transport (Driver Licensing) Act 1998 No 99
Current version for 10 December 2012 to date (accessed 20 May 2013 at 15:34)
Part 4

Part 4 Miscellaneous

28–31   (Repealed)

32   Additional matters relating to identity

(1)  The Authority may refuse to issue or renew a driver licence:
(a)  if the applicant has not attended at a motor registry or another place nominated in or under the regulations and there submitted to the taking, by a person approved by the Authority, of a photograph of the applicant that is suitable for use on the driver licence, or
(b)  if, in the opinion of the Authority, it is impracticable for the applicant to so attend, the applicant has not provided the Authority with a photograph of the applicant considered by the Authority as suitable for use on the driver licence, or
(c)  if the applicant has not provided, in support of the application, such evidence as is required by the regulations or the Authority to establish the identity and residential address of the applicant.
(2), (3)  (Repealed)
(4)  A person employed or engaged in connection with any aspect of the production of driver licences that feature a photograph of the holder, or otherwise concerned in the administration of this Act or the regulations, who, otherwise than in the administration of this Act or the regulations:
(a)  reproduces, by photographic or other means, the likeness of a person that is depicted, or is to be depicted, in a licence, or
(b)  causes or permits another person to do so,
      is guilty of an offence.

Maximum penalty (subsection (4)): 20 penalty units.

33   Cancellation or suspension of driver licence by Authority

(1)  A driver licence may be cancelled or suspended by the Authority because of an alleged speeding offence, if, in respect of the alleged offence:
(a)  the holder pays the whole or any part of the penalty specified in a penalty notice issued to the holder in respect of the offence, or
(b)  the holder has not paid the penalty specified in the penalty notice issued to the holder in respect of the offence and has not elected to have the matter dealt with by a court, and the time for the holder to have the matter so dealt with has lapsed.
(2)  The Authority may decide to cancel or suspend a driver licence under this section without the holder having been provided an opportunity to show cause why the licence should not be cancelled or suspended.
(3)  If a person’s driver licence is cancelled by the Authority under this section, the Authority may refuse to issue the person with any further licence for a period determined by the Authority and specified in a notice served on the person by the Authority.
(3A)  If a person’s driver licence is suspended by the Authority under this section, the person’s licence is suspended for such period as may be determined by the Authority and specified in a notice served on the person by the Authority.
(4)  Nothing in this section limits any discretion of the Authority to decline to issue a driver licence to a person.
(5)  In this section:

speeding offence means an offence that involves exceeding a speed limit fixed by or under the Road Transport (Safety and Traffic Management) Act 1999 and that is prescribed for the purposes of this section.

33A   Effect of expiry of driver licence during suspension period

If the driver licence of a person expires during a period of suspension for the licence imposed under the regulations or section 16, 16A, 16AB, 17B or 33 of this Act or section 204, 205 or 206 of the Road Transport (General) Act 2005 or section 33, 34 or 35 of the Road Transport (General) Act 1999:
(a)  the person cannot apply to the Authority for another driver licence during the unexpired portion of the suspension period, and
(b)  the person’s driver licence is taken to be suspended during the unexpired portion of the suspension period for the purposes of any offence provision under this Act or any other law in relation to driving a vehicle while a person’s driver licence is suspended.

34   Unpaid fees and charges

An amount of any unpaid fees or charges payable under this Act or the regulations is a debt due to the Authority and may be recovered in a court of competent jurisdiction.

35   Form of registers

Any driver licence register maintained under the regulations and the demerit points register may be kept in the form of, or as part of, one or more computer databases or in such other form as the Authority considers appropriate.

36   (Repealed)

37   Savings, transitional and other provisions

Schedule 3 has effect.

38   Review of Act

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
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