Wissam Aziz v Adam Saliba

Wissam Aziz sought an appeal against his conviction in the Magistrates Court of the Australian Capital Territory for driving while his licence was suspended. The dispute centred around the interpretation of two sections of the Road Transport (General) Act 1999 and the Road Transport (Driver Licensing) Act 1999, specifically s 61C and s 32(2). Aziz argued that s 32(2) of the Driver Licensing Act impliedly repealed s 61C of the General Act, which provided an alternative offence for driving contrary to an immediate suspension notice.

The court was required to determine whether s 32(2) of the Driver Licensing Act, which addresses the period of disqualification from holding a licence, impliedly repealed s 61C of the General Act, which criminalises driving while a licence is suspended. This involved examining the legislative framework to ascertain whether an implied repeal occurred and, if so, whether the repeal applied to breaches of an immediate suspension notice.

In assessing the arguments, the court found that the legislative intent and the context of the two statutes indicated that s 32(2) did not imply a repeal of s 61C as it specifically addressed the period of disqualification rather than the criminal offence of driving while suspended. The court concluded that s 32(2) was not applicable to breaches of an immediate suspension notice, thereby allowing the appeal. Consequently, the conviction was set aside.

The court ordered that the appeal be upheld, and the conviction for driving while the licence was suspended was quashed. The decision clarified the interaction between the two Acts and their respective sections in the context of immediate suspension notices.