(1) Where, in such circumstances as the Registrar thinks fit and upon such evidence as the Registrar may require, the Registrar is satisfied that the holder of a licence or learner's permit, or an applicant for the issue or renewal of a licence or learner's permit, should only be permitted to drive a motor vehicle subject to restriction, the Registrar may endorse upon the licence or permit all or any of the following conditions:
(a) a condition that the holder of the licence or permit is permitted to drive only in specified localities; or
(b) a condition that the holder of the licence or permit is permitted to drive only a vehicle of a specified class, size or type or a vehicle fitted with specified equipment; or
(c) any other condition that the Registrar thinks necessary for the purpose of preventing accident or injury.
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(2) Where the Registrar is satisfied that, because of special circumstances it would be unreasonable to require the applicant to take a theoretical examination under
section 79 or to pass a driving test or a hazard perception test under section 79A, the Registrar may, without submitting the applicant to such an examination or test, issue a licence or permit containing conditions as provided by subsection (1).
(3) If a person is not willing to accept a condition proposed by the Registrar under this section, the Registrar must refuse to issue or renew the licence or permit, or cancel the licence or permit, as the case may require.
(4) A person must not contravene a condition endorsed upon a licence or permit pursuant to this section.
Maximum penalty: $1 250.
81A—Provisional licences
(1) In this section—complying interstate provisional licence—an interstate provisional licence is a
complying interstate provisional licence if it has been in force for a period of at least 12 months;
P1 qualifying period means the period, or total period, for which a person has held a
P1 licence (excluding, if the person had been disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth, any period preceding the period of disqualification);
P2 qualifying period means the period, or total period, for which a person has held a
P2 licence (excluding, if the person had been disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth, any period preceding the period of disqualification);
peer passenger means a passenger in a motor vehicle who is aged not less than
16 years and not more than 20 years;
prescribed concentration of alcohol means any concentration of alcohol in the blood.
(2) Without derogating from any other provision of this Act, if an applicant for the issue of a licence—
(a) has not held a non-provisional licence or interstate non-provisional licence at some time during the period of 5 years immediately preceding the
application; or
(b) holds an interstate provisional licence; or
(c) holds an interstate non-provisional licence or a foreign licence but is under the age of 20 years; or
(d) —
(i) has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the
Commonwealth, as a consequence of an offence committed or allegedly committed (whether in this State or elsewhere) while the holder of a P1 licence or interstate provisional licence; and
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(ii) has not held a P2 licence or a complying interstate provisional licence since the end of the period of disqualification,
a licence issued to the applicant is a provisional licence and will be taken to be a P1 licence until he or she has completed a P1 qualifying period of 12 months (and thereafter will be taken to be a P2 licence).
(3) Without derogating from any other provision of this Act, if an applicant for the issue of a licence has been disqualified from holding or obtaining a licence or learner's permit in this State, or in another State or Territory of the Commonwealth, as a
consequence of an offence committed or allegedly committed (whether in this State or elsewhere)—
(a) while the holder of a P2 licence or a complying interstate provisional licence; or
(b) after the expiry of such a licence but before obtaining a non-provisional licence or an interstate non-provisional licence,
and has not held a non-provisional licence or an interstate non-provisional licence since the end of the period of disqualification, a licence issued to the applicant is a provisional licence and will be taken to be a P2 licence.
(4) The provisional licence conditions are as follows:
(a) a condition that the holder of the licence must not drive a motor vehicle or attempt to put a motor vehicle in motion on a road while the prescribed concentration of alcohol is present in his or her blood, or a prescribed drug is present in his or her oral fluid or blood;
(b) a condition that the holder of the licence must not drive a motor vehicle at a speed exceeding by 10 kilometres an hour or more a speed limit that applies under the Road Traffic Act 1961 or this Act.
(5) Subject to this Act, the Registrar must not grant a non-provisional licence to an applicant unless the applicant—
(a) will be aged 20 years or over at the commencement of the term of the licence; and
(b) will, at the commencement of the term of the licence, have completed a P2 qualifying period of at least 2 years; and
(c) is not the holder of a provisional licence that is subject to alcohol interlock scheme conditions.
(6) If a court disqualifies a person from holding or obtaining a licence or learner's permit the court may order—
(a) that any provisional licence to be issued to the person at the end of the period of disqualification will be taken to be a P1 licence for an extended period; or (b) that the period referred to in subsection (5)(b) be extended in relation to any
such provisional licence.
(7) Despite any other provision of this Act, if an applicant for the issue of a driver's licence—
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(b) is of a class of applicants prescribed by regulation,
the Registrar may, if of the opinion that there is proper cause to do so, do 1 or more of the following:
(c) issue a licence not subject to the conditions that would otherwise be imposed under this section;
(d) reduce the period for which the person will be taken to hold a P1 licence under this section or the period referred to in subsection (5)(b).
(8) If an applicant is not willing to accept a provisional licence, the Registrar must refuse to issue a licence to the applicant.
(9) The holder of a provisional licence must not contravene a condition of the licence. Maximum penalty: $1 250.
(10) Sections 47C, 47D, 47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the Road Traffic Act 1961 apply in relation to an offence against subsection (9) of contravening the condition referred to in subsection (4)(a) as if—
(a) a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (9); and
(b) a reference in any of those sections to the prescribed concentration of alcohol as defined in section 47A of that Act was a reference to the prescribed concentration of alcohol as defined in this section.
(11) The holder of a provisional licence must not drive a motor vehicle on a road in any part of the State at a speed exceeding 100 kilometres an hour.
Maximum penalty: $1 250.
(12) Section 175 of the Road Traffic Act 1961 applies in relation to—
(a) an offence against subsection (9) of contravening the condition referred to in subsection (4)(b); or
(b) an offence against subsection (11),
as if a reference in that section to an offence against that Act was a reference to an offence against subsection (9) or (11).
(13) The holder of a provisional licence must not, if he or she is under the age of 25 years, drive a high powered vehicle.
Maximum penalty: $1 250.
(14) Subject to the regulations, the Registrar may, on application by the holder of a
provisional licence and payment of the fee (if any) prescribed by regulation, grant the holder an exemption from subsection (13) for such a term and subject to such
conditions as the Registrar thinks fit. (15) The holder of a P1 licence must not—
(a) drive a motor bike on a road unless a plate bearing the letter "P" is affixed to the bike in accordance with the regulations; or
(b) drive any other motor vehicle on a road unless 2 plates bearing the letter "P" are affixed to the vehicle in accordance with the regulations.
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(16) The holder of a P1 licence who is under the age of 25 years must not drive a motor vehicle on a road between the hours of midnight and 5.00 am unless the driver is accompanied by a person acting as a qualified supervising driver for the holder of a licence.
Maximum penalty: $1 250.
(17) It is a defence to a charge of an offence against subsection (16) if the defendant establishes that he or she was driving the vehicle in the circumstances prescribed—
(a) in Schedule 2; or (b) by the regulations; or
(c) by notice in the Gazette under subsection (20).
(18) The holder of a P1 licence who is under the age of 25 years must not drive a motor vehicle on a road while 2 or more peer passengers are present in the vehicle unless the driver is also accompanied by a person acting as a qualified supervising driver for the holder of a licence.
Maximum penalty: $1 250.
(19) It is a defence to a charge of an offence against subsection (18) if the defendant establishes that he or she was driving the vehicle in the circumstances prescribed—
(a) in Schedule 2; or (b) by the regulations; or
(c) by notice in the Gazette under subsection (20).
(20) The Registrar may, by notice in the Gazette, prescribe circumstances that will constitute a defence for the purposes of subsection (17)(c) or subsection (19)(c) and may, by further notice in the Gazette, vary or revoke such a notice.
(21) A notice prescribing circumstances that will constitute a defence for the purposes of subsection (17)(c) or subsection (19)(c) has effect for the period specified in the notice (which must be not longer than 6 months).