South Australian Consolidated Acts South Australian Consolidated Acts79—Examination of applicant for licence or learner's permit
(1) Subject to this
Act, the Registrar may not issue a licence or learner's permit to an applicant
who has not held a licence at some time during the period of 5 years
immediately preceding the date of the application unless—
(a) the
applicant produces to the Registrar a certificate signed by an examiner
certifying that the applicant has passed the prescribed theoretical
examination conducted by that examiner in the prescribed manner; or
(b) the
applicant satisfies the Registrar, by such evidence as the Registrar may
require, that—
(i)
at some time during the period of 12 months immediately
preceding the date of the application the applicant held an interstate
learner's permit; or
(ii)
at some time during the period of 5 years immediately
preceding the date of the application the applicant held an
interstate licence; or
(iii)
at some time during the period of 5 years immediately
preceding the date of the application the applicant held a foreign licence of
a type approved by the Registrar by notice in the Gazette.
(1a) If—
(a) an
applicant for a licence or learner's permit has been disqualified from holding
or obtaining a licence or learner's permit in this State, or in another State
or Territory of the Commonwealth, as a consequence of an offence committed or
allegedly committed (whether in this State or elsewhere)—
(i)
while the person held a learner's permit or interstate
learner's permit (provided the person did not also hold a licence or
interstate licence in respect of another class of motor vehicle); or
(ii)
after the expiry of such a permit but before obtaining
any licence or interstate licence; and
(b) the
applicant has not held a learner's permit, licence, interstate learner's
permit or interstate licence since the end of the period of disqualification,
the Registrar must not issue a licence or learner's permit to the applicant
unless the applicant produces to the Registrar a certificate signed by an
examiner certifying that the applicant has, since the end of the period of
disqualification, passed the prescribed theoretical examination conducted by
that examiner in the prescribed manner.
(2) Regulations made
for the purposes of this section may provide that, for the purposes of this
Act, a person will not be regarded as having passed an examination unless the
person has answered correctly not less than a prescribed number of questions
asked in the examination (but, despite such a regulation, the Registrar may
treat a person as not having passed an examination for the purposes of this
Act if an incorrect answer has been given to a question dealing with a matter
that, in the Registrar's opinion, is of special importance).
(3) In this
section—
"examiner" means—
(a) a
police officer; or
(b) a
person appointed by the Registrar as an examiner for the purposes of this
section.