Now Where Did They Put That Amendment? Compulsory Cumulative Disqualification Provisions

Those of you who practice in the Magistrates Court from time to time will no doubt be aware there is a change coming in relation to driver licence disqualifications. In effect, disqualifications will soon become cumulative. This will effect mostly those who practice in traffic related matters in the Magistrates Court, but it may also impact upon those who practice in the District and Supreme Court where the offence being sentenced upon arises out of or in connection with the driving of a motor vehicle by the offender (s. 187 Penalties and Sentences Act 1992 — disqualification from holding driver licence).

Where is the actual amendment and when does it come into force you say?

It can be found in Maritime and Other Amendment Act 2006 (No. 21 of 2006) s.144A inserting new ss. 90A — 90D in the Transport Operations (Road Use Management) Act 1995. The amending Act received the Royal Assent on 17th May 2006, but had a staged introduction.  Section 144A has not been proclaimed into force and under s. 15DA of the Acts Interpretation Act 1954 it would have come into operation after 1 year, but by operation of s. 15DA(3) of the Acts Interpretation Act a regulation may alter that.  And so, the Maritime and Other Legislation Amendment (Postponement) Regulation 2007 (Statute Law No. 82 of 2007), s. 2 and Schedule now has the effect of delaying the commencement of s. 144A (the new disqualification provisions) to 18 May 2008.

Hope this assists the ever inquisitive (and save you the same time it took me to find!).

Darin Honchin