Document ID: chunk:federal_register_of_legislation:F2016C00706:clause:2_3:p1
Version: federal_register_of_legislation:F2016C00706
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 1/2)
Character Range: 35327–37914

3  Eligibility to apply for issue or variation of a driver licence
 (1) A person is eligible to apply for a driver licence if he or she:
 (a) is a resident of the jurisdiction; and
 (b) has, at any time, held an Australian driver licence of the class C for at least 12 months; and
 (c) meets the relevant eligibility requirements set out in subclause (5) for the class of licence sought, or is exempted by the driver licensing authority (in accordance with subclause (7) or (8)) from being required to do so; and
 (d) is not disqualified from driving by a court in Australia.
 (2) A person whose Australian driver licence has been suspended is not eligible to apply for a driver licence for the duration of the suspension.
 (3) A person is not eligible to apply for a driver licence if:
 (a) the person is, at the time of application, disqualified from driving in another country; and
 (b) the offence giving rise to the disqualification, if committed in this jurisdiction, would have resulted in the person being disqualified from driving.
 (4) A person is eligible to apply for variation of his or her driver licence to include an additional licence class if he or she:
 (a) meets the relevant eligibility requirements for that class; or
 (b) is exempted by the driver licensing authority (in accordance with clause (7) or (8)) from meeting those requirements.
 (5) The relevant eligibility requirements are:
 (a) for a light rigid vehicle licence or medium rigid vehicle licence—that the person has, at some time, held an Australian driver licence (including a provisional licence) of the class C for a period of at least 12 months; and
 (b) for a heavy rigid vehicle licence—that the person has, at some time, held an Australian driver licence (including a provisional licence) of the class C for a period of at least 24 months; and
 (c) for a heavy combination vehicle licence—that the person has, at some time, held an Australian driver licence (including a provisional licence) of the class C for a period of at least 24 months and an Australian driver licence of the class MR or HR for a period of at least 12 months; and
 (d) for a multi‑combination vehicle licence—that the person has, at some time, held an Australian driver licence of the class HC or HR for a period of at least 12 months, and the driver licensing authority is satisfied that he or she has passed a training course, or has satisfied other assessment, approved by the driver licensing authority.
 (6) In calculating the periods for which a person has held a licence specified in a paragraph of clause (5), the