South Australian Consolidated Acts South Australian Consolidated Acts79B—Alcohol and drug dependency assessments and issue of licences
(1) If an applicant
for the issue of a licence—
(a) 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 a drink driving offence or an alleged drink driving offence
(whether committed, or allegedly committed, in this State or elsewhere); and
(b) has
not held a licence or learner's permit, or an interstate licence or interstate
learner's permit, since the end of the period of disqualification; and
(c)
has—
(i)
if the offence was a
prescribed drink driving offence—
(A) been convicted of at least 1 other
prescribed drink driving offence; or
(B) been convicted of or expiated at least
2 other drink driving offences,
committed or allegedly committed within the period of 5 years before the
date of commission or alleged commission of the offence; or
(ii)
in any other case—been convicted of or expiated at
least 2 other drink driving offences committed or allegedly committed
within the period of 5 years before the date of commission or alleged
commission of the offence,
the Registrar must, before determining the application for the licence, direct
the applicant to attend an assessment clinic for the purpose of submitting to
an examination to determine whether or not the applicant is dependent on
alcohol.
(2) If an applicant
for the issue of a licence—
(a) 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 a drug driving offence or an alleged drug driving offence
(whether committed, or allegedly committed, in this State or elsewhere); and
(b) has
not held a licence or learner's permit, or an interstate licence or interstate
learner's permit, since the end of the period of disqualification; and
(c) has
been convicted of or expiated at least 1 other drug driving offence
committed or allegedly committed within the period of 5 years before the
date of commission or alleged commission of the offence,
the Registrar must, before determining the application for the licence, direct
the applicant to attend an assessment clinic for the purpose of submitting to
an examination to determine whether or not the applicant is dependent on
drugs.
(3) The superintendent
of an assessment clinic must, as soon as practicable after the assessment of a
person has been completed under this section, furnish a report on the
examination to the Registrar, and send a copy of the report to the person.
(4) Subject to
subsection (6), if the Registrar is satisfied, on the basis of the report
of the superintendent of an assessment clinic, that the applicant is dependent
on alcohol, the Registrar must refuse to issue a licence to the applicant
until the applicant satisfies the Registrar, on the basis of a report of the
superintendent of an assessment clinic or such other evidence as the Registrar
may require, that the applicant is no longer dependent on alcohol.
(5) If the Registrar
is satisfied, on the basis of the report of the superintendent of an
assessment clinic, that the applicant is dependent on drugs, the Registrar
must refuse to issue a licence to the applicant until the applicant satisfies
the Registrar, on the basis of a report of the superintendent of an
assessment clinic or such other evidence as the Registrar may require, that
the applicant is no longer dependent on drugs.
(6) If the Registrar
is satisfied, on the basis of the report of the superintendent of an
assessment clinic, that the applicant is dependent on alcohol, but the
applicant is willing to accept a licence subject to the
mandatory alcohol interlock scheme conditions, the Registrar may, subject to
this Act, issue such a licence to the applicant.
(7) The
mandatory alcohol interlock scheme conditions of a licence issued under this
section are effective until the holder of the licence satisfies the Registrar,
on the basis of a report of the superintendent of an assessment clinic or such
other evidence as the Registrar may require, that the holder of the licence is
no longer dependent on alcohol.
(8) In this
section—
"assessment clinic" means a place approved as an assessment clinic for the
purposes of this section by the Minister to whom the administration of the
Health Care Act 2008 is committed;
"prescribed drink driving offence" means a drink driving offence other than a
category 1 offence.
(9) Nothing in this
section derogates from the Registrar's powers under section 80 or 81.