Document ID: chunk:federal_register_of_legislation:F2016C00706:clause:2_23
Version: federal_register_of_legislation:F2016C00706
Segment Type: clause
Provision Reference: sch 2 cl 23
Character Range: 69005–71410

23  Variation, suspension or cancellation of driver licence
 (1) The driver licensing authority may vary, suspend or cancel a person's driver licence if it appears to the authority that:
 (a) the person has failed or refused to submit to a test or medical examination required under or in accordance with the Primary or Supporting Principles, or has failed such a test or examination; or
 (b) it would be dangerous for the person to drive a motor vehicle because of illness or incapacity, or because of the effects of treatment for such conditions; or
 (c) the person does not have sufficient knowledge of road law or driving ability, or is not suitable to hold a driver licence; or
 (d) the person has not complied with the requirements of a law relating to the assessment of drivers convicted of offences involving alcohol or drugs in force in the jurisdiction in which the person had last been disqualified from driving; or
 (e) except as provided for in paragraph 23(1)(f), a penalty imposed on the person in any jurisdiction in respect of the operation of a motor vehicle is unpaid and no court order for the payment of a penalty by instalments has been made; or
 (f) the person has not complied with a court order for the payment by instalments of a penalty imposed on the person in respect of the operation of a motor vehicle; or
 (g) the person is no longer eligible, in accordance with supporting principle 3, for a particular class or classes of licence; or
 (h) the licence was issued or renewed in error; or
 (i) the licence is incorrect in any respect; or
 (j) a non‑cash payment submitted to the authority as payment of an appropriate licence fee or administrative fee has been dishonoured; or
 (k) the person has been convicted in another jurisdiction or another country of any offence which, if the person had been licensed in that jurisdiction or country, would have enabled the driver licensing authority of that jurisdiction or country to suspend, vary or cancel the person's licence; or
 (l) the person has failed to comply with a condition of the licence.
 (2) The driver licensing authority must suspend or cancel a person's driver licence in accordance with:
 (a) an order made by a court in Australia; or
 (b) a law in force in the jurisdiction relating to:
 (i) driving offences involving the use of alcohol or other drugs; or
 (ii) speeding; or
 (iii) the non‑payment of fines.