Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_138
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 138
Character Range: 210463–212123

138  Prohibition orders
 (1) The court that finds a person guilty of a road law offence may, on the application of the prosecutor or the Authority, if the court considers the person to be a systematic or persistent offender against the Australian road laws, make an order under this section.
 (2) For the purpose of restricting opportunities for the person to commit or be involved in the commission of further Australian road law offences, the court may make a prohibition order prohibiting the person, for a specified period, from having a specified role or responsibilities associated with road transport.
 (3) The court cannot make a prohibition order that prohibits the person from driving or registering a vehicle.
 (4) The court may only make an order under this section if it is satisfied that the person should not continue the things the subject of the proposed order and that a supervisory intervention order is not appropriate, having regard to:
 (a) the Australian road law offences of which the person has been previously found guilty; and
 (b) the Australian road law offences for which the person has been proceeded against by way of unwithdrawn infringement notices; and
 (c) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with road transport.
 (5) A court that has power to make prohibition orders may revoke or amend a prohibition order on the application of:
 (a) the Authority; or
 (b) the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.