Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person who is convicted or found guilty of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.
(2) A person who is convicted or found guilty of a disqualifying offence is a repeat offender in relation to the offence if—
(a) the person has been convicted or found guilty of a relevant offence committed at any time before the disqualifying offence was committed (whether or not the person had been convicted or found guilty of the relevant offence when the person committed the disqualifying offence); or
(b) the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence.
(3) However, a person who is convicted or found guilty of a disqualifying offence that was committed before the commencement of the Road Transport (Alcohol and Drugs) Legislation Amendment Act 2010 , section 8 is a repeat offender in relation to the offence only if—
(a) the person has been convicted or found guilty of a relevant offence within 5 years before being convicted or found guilty of the disqualifying offence; or
(b) the person is convicted or found guilty of 1 or more relevant offences concurrently with being convicted or found guilty of the disqualifying offence, and 1 or more of the relevant offences were committed before the disqualifying offence.
(4) Subsection (3) and this subsection expire 5 years after the day this section commences.
(5) In this section:
"relevant offence "means—
(a) a disqualifying offence; or
(b) a corresponding offence; or
(c) an offence against the Crimes Act 1900 , section 29 (Culpable driving of motor vehicle), in which the person who committed the offence was incapable of having proper control of a vehicle involved in the offence because of the influence of alcohol or a drug on the person.
Note Found guilty , of an offence, includes having the offence taken into account under the Crimes (Sentencing) Act 2005 , s 57 (Outstanding additional offences taken into account in sentencing), (see Legislation Act, dict, pt 1).