Australian Capital Territory Numbered Acts

MOTOR TRAFFIC (ALCOHOL AND DRUGS) (AMENDMENT) ACT 1990 (NO. 64 OF 1990) - SECT 12

12. Section 32 of the Principal Act is amended by adding at the end the following subsections:

“(5) Where—

        (a)     a previous offender to whom the prescribed concentration of .05 grams of alcohol per 100 millilitres of blood applies is convicted of an offence against section 19 or 20; and

        (b)     the prescribed concentration has not been exceeded by more than .03 grams of alcohol per 100 millilitres of blood;

subsection (1) does not apply.

“(6) Where—

        (a)     a traffic infringer to whom the prescribed concentration of .05 grams of alcohol per 100 millilitres of blood applies is convicted of an offence against section 19 or 20; and

        (b)     the prescribed concentration has not been exceeded by more than .03 grams of alcohol per 100 millilitres of blood;

the Court shall—

        (c)     if the traffic infringer is the holder of a driving licence—suspend the driving licence for such a period, being a period of not more than 6 months, as the Court directs or, if the Court considers the circumstances warrant it doing so, cancel the licence and direct that the person be disqualified from holding a driving licence unless, or until such time as, the Court otherwise orders;

        (d)     if the traffic infringer is a person deemed to be licensed to drive a motor vehicle under section 107 or 108 of the Motor Traffic Act 1936 —disqualify him or her from holding a driving licence for such a period, being a period of not more than 6 months, as the Court directs or, if the Court considers the circumstances warrant it doing so, disqualify him or her from holding a driving licence unless, or until such time as, the Court otherwise orders; or

        (e)     if the traffic infringer does not hold a driving licence and is not a person referred to in paragraph (b)—disqualify him or her from holding a driving licence for such a period, being a period of not more than 6 months, as the Court directs or, if the Court considers the circumstances warrant it so doing, disqualify him or her from holding a driving licence unless, or until such time as, the Court otherwise orders.”.