Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
succeeding provisions of this section, where under this or any other Act a
person is disqualified by a court from holding or obtaining a driver’s
licence for a period exceeding 3 years, that person may apply to a court
for an order removing the disqualification.
(2) An application
under subsection (1) is made —
(a) if
the disqualification was imposed by the Supreme Court, to the Supreme Court;
(b)
otherwise, to the District Court.
(3) No application
shall be made under subsection (1) for the removal of a disqualification
before the expiration of whichever is relevant of the following periods from
the date on which the disqualification took effect, that is to
say —
(a) if
the disqualification is for not more than 6 years: 3 years;
(b) if
the disqualification is for more than 6 years but not more than
20 years: one-half of the period of the disqualification;
(c) if
the disqualification is for more than 20 years: 10 years.
(4) For the purposes
of subsection (3) the permanent disqualification of a person from holding
or obtaining a driver’s licence shall be regarded as a disqualification
for more than 20 years.
(5) The court may if
it thinks proper having regard to —
(a) the
safety of the public generally; and
(b) the
character of the applicant; and
(c) the
circumstances of the case; and
(d) the
nature of the offence or offences giving rise to the disqualification; and
(e) the
conduct of the applicant subsequent to the disqualification,
either make an order
removing the disqualification as from such date as may be specified in the
order or refuse the application.
(6) Where an
application under subsection (1) is refused no further application under
that subsection shall be heard if it is made within one year after the date of
the refusal.
(7) If under this
section a court orders a disqualification to be removed, the court shall cause
particulars of the order to be sent to the Director General.
(8) An application
under this section shall be made in accordance with the rules of the court to
which it is made.
(9) The court may
order the applicant to pay the whole or any part of the costs of an
application under this section.
(10) Nothing in this
section shall be construed as limiting or otherwise affecting any right that a
person may have to appeal against an order or judgment of a court
disqualifying him from holding or obtaining a driver’s licence.
[Section 78 amended by No. 105 of 1981
s. 19; No. 76 of 1996 s. 20(3); No. 54 of 2006 s. 24.]
[Heading inserted by No. 10 of 2004
s. 13; amended by No. 4 of 2007 s. 12.]
[Heading inserted by No. 10 of 2004
s. 13.]