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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-03-02 Daily Xml
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South Eastern Freeway Expiation Notices

In reply to the Hon. F. PANGALLO (2 February 2021).

The Hon. R.I. LUCAS (Treasurer): The Minister for Infrastructure and Transport has advised:

4. Pursuant to section 81BC(2) of the Motor Vehicles Act 1959 (the act), the Registrar of Motor Vehicles (on becoming aware that a person has expiated an offence for exceeding the relevant speed limit by 10km/h or more, or failing to use low gear on the down-track of the South Eastern Freeway) must issue a notice of disqualification (where applicable), disqualifying the person from holding or obtaining a licence for the relevant period.

There is no discretion available to either the Registrar of Motor Vehicles or the Minister for Infrastructure and Transport under the act in relation to the licence disqualification once the expiation notice has been paid. A notice of licence disqualification may only be withdrawn in very limited circumstances, for example if the notice is issued in error, is defective or there is other proper cause for which the notice should not have been given.

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