Page 5760 - Week 13 - Thursday, 18 November 2010

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Schedule 4

Road Transport (Alcohol and Drugs) Legislation Amendment Bill 2010

Amendment moved by Ms Bresnan to Mr Hanson’s amendment No. 5

1

Amendment 5

Proposed new section 73M (4)

omit proposed section 73M (4), substitute

(4) However, the road transport authority must issue a probationary licence to the person if—

(a) after the end of the period of disqualification, the authority receives written evidence that the person has completed a drug awareness course; or

(b) the authority—

(i) receives written notice from the person before the end of the period of disqualification stating that—

(A) the person has made genuine attempts to enrol in a drug awareness course before the end of the period of disqualification but has not been able to do so; and

(B) the person is enrolled in a drug awareness course that will be completed on a stated date after the end of the period of disqualification; and

(ii) is satisfied on reasonable grounds of the matters mentioned in the notice.

Examples—s (4) (b) (i) (A)

1 all drug awareness courses are fully booked during the person’s period of disqualification

2 no drug awareness courses are being conducted during the person’s period of disqualification

Note 1  A probationary licence issued under s (4) (b) is issued after the person’s period of disqualification has ended—see s 52 (1).

Note 2  An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(5) If, in relation to a person issued with a probationary licence under subsection (4) (b), the road transport authority does not, within 7 days after the day the drug awareness course mentioned in that subsection ends, receive written evidence that the person has completed the course, the authority must suspend the licence.

(6) However, the road transport authority must end the suspension if the authority receives written evidence that the person has completed a drug awareness course.


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