Explanatory Statement Justice (Corrections) and Other Legislation Amendment Bill 2011 (Serial 167)
Tabled paper 1310
Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT
Tabled By Gerald McCarthy
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
Page 20 order that the Registrar must grant the offender a licence of a stated class while the community order is still in force. Under new section 25L(1)(b), if the offender is an unlicensed offender, that is, an offender who has not previously held a licence to drive a motor vehicle in the Territory or anywhere else when the disqualification in new section 25K(1)(b) took effect, the offender may apply for an order that the Registrar of Motor Vehicles must accept and deal with an application by tine offender for a learner licence. The unlicensed offender must still comply with section 9 of the motor Vehicles Act, such as, for example, the requirement to pass a theory test (section 9(4)) in order to obtain the learner licence. Nev\/ subsection 25L(2) makes it clear an offender cannot apply for a licence to drive a com mercial passenger vehicle or a motor cycle under new section 25L(1). New subsection 25L(3) provides that an application must be made to the court that made the com munity order for the offender. New subsection 25L(4) provides that the clerk or Registrar of the court to which the application in section 25L is made must give immediate written notice of the application to the Director of Correctional Services. New section 25M provides that a court may make the order sought by the offender under new section 25L if it is satisfied it is appropriate to do so in the circumstances. New section 25N explains the effect of an order made by the court under new section 25M in respect of a previously licensed offender (which is defined in new section 25L(1 )(a)). If the order is made by the court under section 25M, the Registrar of Motor Vehicles must grant the offender a licence to drive a motor vehicle. Subsection 25N(3) provides that the licence granted under section 25M is valid only for the duration of the community order, and, under subsection (4) is subject to the condition that the offender may drive a vehicle of the stated class only while under the direct supervision of a fully licensed driver (which is defined in new section 25J(a)). The purposes for which the previously licensed driver can obtain the licence is for undertaking practical training as part of the driving program under the community order, and, after successfully completing the driving program, for undertaking further practical driver training. This will enable the previously licensed offender to continue to drive after the driving program while supervised, and may enable them to do so for the purposes of employment, for example. O w New section 25P explains the effect of an order made by the court under new section 25M in respect of an unlicensed offender (which is defined in new section 25L(1)(b)). Subsection 25P(2) provides that if the order is made by the court under new section 25M, the Registrar of Motor Vehicles must accept and deal with an application from the offender for a licence to drive a motor vehicle of the class stated in the order. This means the unlicensed offender must comply with the requirements of section 9 of the Motor Vehicles Act (which deals with learner licences) and apply to the Registrar of Motor Vehicles for a learner licence in the usual course. New subsection 25P(3) provides that if the Registrar grants a learner licence to the offender, the licence is valid for the duration of the community order, and new subsection 25P(4) provides that the duration of the licence under subsection 25P(3) applies despite section 9(2) of the Motor Vehicles Act which states that the validity of a learner licence is for two years. Further, under subsection (5), the licence granted under new section 25M to the unlicensed driver is subject to the condition that the offender may only drive while supervised by a fully licensed driver (defined in section 25J(a)) for the class of motor vehicle. The purposes for which the licence may be used are for undertaking practical training as part of the driving program
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