Road Transport Amendment (Licence Disqualification on Conviction) Act 2013 (NSW)

An Act to amend the Road Transport Act 2013 in relation to the period of disqualification from driving imposed on conviction for an offence.

1Name of Act

This Act is the Road Transport Amendment (Licence Disqualification on Conviction) Act 2013.

2Commencement

This Act commences on a day to be appointed by proclamation.

Schedule 1Amendment of Road Transport Act 2013 No 18

Insert after section 206:

206AEffect of imprisonment on period of disqualification(1)

In this section:

major disqualification offence means:

• (a)

  a major offence, or

• (b)

  an offence against section 115 or 116 (2).

sentence does not include:

• (a)

  a suspended sentence, or

• (b)

  a sentence (or any part of a sentence) that is to be served in the community or by way of home detention.

(2)

This section applies to a person who is, after the commencement of this section:

• (a)

  disqualified from holding a driver licence for a specified period as a consequence of the person being convicted by a court of a major disqualification offence (whether or not the disqualification is imposed by an order of a court), and

• (b)

  sentenced to imprisonment as a result of that conviction.

(3)

The specified period of disqualification of the person is extended (by the operation of this section) by any period of imprisonment under that sentence that is served after the commencement of the disqualification.

(4)

For the purposes of this section, a period of imprisonment does not include any period that the person has been released on parole.

(5)

The extension of a period of disqualification by the operation of this section is subject to any order of the court that convicts the person relating to the operation of this section.