Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 16

    (1)     This section applies if—

        (a)     an offender is convicted or found guilty of an offence against a territory law involving the theft of a motor vehicle; or

        (b)     an offender is convicted or found guilty of an offence against the Criminal Code, section 318 (Taking etc motor vehicle without consent).

Example for par (a)

an offence against any of the following provisions of the Criminal Code in relation to property that is a motor vehicle:

              •     s 308 (Theft)

              •     s 309 (Robbery)

              •     s 310 (Aggravated robbery)

              •     s 311 (Burglary)

              •     s 312 (Aggravated burglary)

Note 1     Found guilty of an offence includes making a non-conviction order for the offence or taking the offence into account under s 57 (see Legislation Act, dict, pt 1).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The court sentencing the offender may make an order (a driver licence disqualification order ) disqualifying the offender from holding or obtaining a driver licence under the Road Transport (Driver Licensing) Act 1999 for a period the court considers appropriate.

Note     The effect of disqualification is set out in the Road Transport (General) Act 1999 , s 66.

    (3)     To remove any doubt, this section is additional to the court's other powers under this Act or any other territory law, including, for example, the road transport legislation.

    (4)     As soon as practicable after the court makes a driver licence disqualification order, the court must ensure that written notice of the order, together with a copy of the order, is given to—

        (a)     the offender; and

        (b)     the road transport authority.

Note     If the order is part of a combination sentence, a single notice may be given to the offender for the sentences (see Legislation Act, s 49).

    (5)     Failure to comply with subsection (4) does not invalidate the driver licence disqualification order.

    (6)     In this section:

"motor vehicle"—see the Criminal Code, section 318 (3).

"road transport legislation"—see the Road Transport (General) Act 1999 , section 6.