Driving without a valid licence is a criminal offence in every Australian state and territory. Whether you’ve never held a licence, are driving while suspended or disqualified, or simply failed to renew, the penalties can be severe—ranging from fines and further disqualification to imprisonment for repeat or aggravated cases.
Understanding the difference between unlicensed driving, suspended driving, and disqualified driving is important, as each carries different legal consequences. Below is a full guide to how charges are laid and how the legal process unfolds in each Australian jurisdiction.
Police can lay charges for unlicensed driving when:
You are stopped during a random roadside check
Involved in a traffic incident
Caught on camera and later identified
Your licence status is checked via national police databases
Depending on the nature of the offence, you may receive:
An on-the-spot infringement notice
A court attendance notice
Immediate arrest (if driving while disqualified or as a repeat offender)
Never held a licence
Licence expired or not renewed
Suspended licence (administrative reasons, e.g. fines or demerits)
Disqualified licence (court-imposed ban)
Traffic offences are serious breaches of road safety laws governed by each Australian state and territory. They range from speeding and drink driving to dangerous or reckless driving, and penalties can vary depending on the nature of the offence, whether anyone was harmed, and the driver’s prior history.
Below is a state-by-state overview of the key traffic laws, how charges are laid by police, court procedures, penalties, and available defences across NSW, VIC, QLD, SA, WA, and the ACT.
Relevant Law: Road Transport Act 2013 (NSW)
Types of Offences:
Never licensed
Expired or lapsed licence
Suspended or disqualified driving (more serious)
Penalties:
First offence: fines up to $2,200
Driving while disqualified: up to 6–12 months imprisonment (repeat offences)
Automatic disqualification period
Court Process:
Heard in Local Court
Repeat or aggravated offences may lead to harsher penalties
Defences Available:
Honest and reasonable mistake
Not the driver
Unaware of suspension or expiry
Relevant Law: Road Safety Act 1986 (VIC)
Types of Offences:
Driving unlicensed
Driving while suspended
Driving while disqualified (most serious)
Penalties:
Up to $10,000 fine
Prison (especially for disqualified or repeat offenders)
Further disqualification from holding a licence
Court Process:
Magistrates Court hears all licence matters
Court considers intent, prior history, and licence status
Defences Available:
No intent to drive unlawfully
Administrative error
Duress or necessity
Relevant Law: Transport Operations (Road Use Management) Act 1995 (QLD)
Types of Offences:
Never held a licence
Licence expired/suspended
Disqualified driving (criminal offence)
Penalties:
Fines up to $5,514
Disqualified driving: mandatory minimum 2-year disqualification and possible imprisonment
Vehicle impoundment
Court Process:
All unlicensed driving offences are heard in Magistrates Court
Disqualified driving can lead to custodial sentences
Defences Available:
Emergency or necessity
Not driving on a public road
Mistaken belief that licence was valid
Relevant Law: Road Traffic (Authorisation to Drive) Act 2008 (WA)
Types of Offences:
Unlicensed driving (never held or expired)
Driving while suspended or disqualified
Penalties:
Up to $2,000 fine (unlicensed)
Up to 18 months’ imprisonment for disqualified driving
Vehicle seizure for repeat offenders
Court Process:
Heard in Magistrates Court
Court considers public risk, intent, and prior conduct
Defences Available:
Honest belief licence was valid
Emergency driving
Wrongful police accusation
Relevant Law: Motor Vehicles Act 1959 (SA)
Types of Offences:
Unlicensed driving
Driving while suspended or disqualified
Penalties:
Up to $5,000 fine
Up to 2 years’ imprisonment (for disqualified driving)
Additional licence bans
Court Process:
Magistrates Court handles all cases
Repeat or dangerous conduct increases severity
Defences Available:
Lack of notice
Urgent necessity
Driver identity not proven
Relevant Law: Road Transport (Driver Licensing) Act 1999 (ACT)
Types of Offences:
Driving without ever being licensed
Expired/suspended/disqualified driving
Penalties:
Fines and demerit points
Imprisonment for serious or repeated disqualified driving
Further licence ineligibility periods
Court Process:
Matters heard in ACT Magistrates Court
Aggravated offences escalate to higher penalties
Defences Available:
Honest mistake
Procedural or notice error
Not a public road
This page offers general information only and is not a substitute for legal advice. Assault laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
