Statutes Amendment (Licence Disqualification) Act 2020 (SA)

South Australia

Statutes Amendment (Licence Disqualification) Act 2020

An Act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Licence Disqualification) Act 2020.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Motor Vehicles Act 1959

4Amendment of section 81E – Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions

1. (1)

   Section 81E(3)(c)(i)(A)—before "a period" insert:

   subject to subsubparagraph (AB),

2. (2)

   Section 81E(3)(c)(i)—after subsubparagraph (A) insert:

   1. (AB)

      in the case of an order made under section 47IAA(9)(e)(i) of the Road Traffic Act 1961—the period equal to the period of disqualification for the offence ordered by the court; or

Part 3Amendment of Road Traffic Act 1961

5Amendment of section 47IAA – Power of police to impose immediate licence disqualification or suspension

Section 47IAA(9)(e)—delete paragraph (e) and substitute:

1. (e)

   despite any other provision of this or any other Act, the court must, in determining the period, take into account the period of licence disqualification or suspension that has applied to the person as a result of the notice and may for that purpose—

   1. (i)

      if the relevant period of licence disqualification or suspension under the notice has not ended, order that the period imposed be taken to have commenced on the day on which the relevant period commenced (provided that the period imposed is not less than the mandatory minimum period of disqualification); or

   2. (ii)

      if the relevant period of licence disqualification or suspension under the notice has ended, impose a period that is less than the mandatory period of disqualification (provided that the period imposed is not less than the difference between the mandatory minimum period of disqualification and the period that has applied as a result of the notice),

and if the person is the holder of a driver's licence, the licence will be taken to have been cancelled—

1. (iii)

   where subparagraph (i) applies—from the day on which the order of the court is made; or

2. (iv)

   where subparagraph (ii) applies—from the commencement of the period of disqualification ordered by the court.