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The Act identifies four categories of PCA offences:
Table 1: Maximum penalties and disqualification periods for PCA offences
PCA Offence | Fine | Imprisonment | Disqualification |
(penalty units)5 | (months) | period | |
Special range | 10 | No | Automatic 6 months |
(first offence) | Minimum 3 months | ||
Special range | 20 | No | Automatic 12 months |
(second or subsequent offence) | Minimum 6 months | ||
Low range | 10 | No | Automatic 6 months |
(first offence) | Minimum 3 months | ||
Low range | 20 | No | Automatic 12 months |
(second or subsequent offence) | Minimum 6 months | ||
Mid range | 20 | 9 | Automatic 12 months |
(first offence) | Minimum 6 months | ||
Mid range | 30 | 12 | Automatic 3 years |
(second or subsequent offence) | Minimum 12 months | ||
High range | 30 | 18 | Automatic 3 years |
(first offence) | Minimum 12 months | ||
High range | 50 | 24 | Automatic 5 years |
(second or subsequent offence) | Minimum 2 years |
The Act distinguishes between first offences and second or subsequent offences. Under the Act, offences are considered second or subsequent if the person was convicted of a major traffic offence (including any PCA offence) in the previous five years. Major offences include any offence under the Crimes Act 1900 (NSW), dangerous or negligent driving offences under the Act, PCA offences, driving under the influence of drugs, refusing to submit to testing for drugs or alcohol, or the aiding and abetting of the commission of any of the above crimes or offences.
In addition to the penalties outlined above, s 24 of the Road Transport (General) Act 1999 empowers a court to disqualify from driving any person convicted of a major traffic offence under the Act. Section 25 provides that persons convicted of certain major offences (including any PCA offence) are automatically disqualified. A court may, however, order a longer or shorter disqualification period than the minimum disqualification periods specified in s 25. The disqualification periods for each category of PCA offence are set out in Table 1 above.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.