Section 49: A person who drives a motor vehicle on a road while not authorised, or who employs or permits another person to drive a motor vehicle while not authorised commits an offence.

If a person is found driving while unauthorised and that person:

(1) Has applied for, but been refused, the required Australian licence;
(2) Has never held the required Australian licence;
(3) Has previously held the required Australian licence but no longer holds that licence;
(4) No longer has authority to drive because their licence has been suspended;
(5) No longer has authority to drive because their licence has been suspended because of penalty enforcement laws,
that person is said to commit an offence under this section and may be arrested without warrant.

If it person is found to be driving while unauthorised, but not for any of the reasons listed above, the maximum penalty is 6 penalty units ($300) for a first offence or 12 penalty units ($600) for a subsequent offence.

If a person is found to be driving while unauthorised only because the licence was suspended due to penalty enforcement laws, the maximum penalty is a minimum fine of 4 penalty units ($200), but not more than 30 penalty units ($1,500) and up to 12 months imprisonment. The court may also disqualify the licence.

If a person is found to be driving while unauthorised for any of the other reasons listed above, the maximum penalty for a first offence is a fine of not less than 8 penalty units ($400) but not more than 40 penalty units ($2,000) and imprisonment for up to 12 months. For a subsequent offence, the maximum penalty is a fine of not less than 20 penalty units ($1,000), but not more than 80 penalty units ($4,000) and up to 18 months imprisonment.

(1) That the accused person was driving a motor vehicle;
(2) That the motor vehicle was being driven on a public road; and
(3) That the accused person was not authorised to drive at the time of the offence.

(a) Duress;
(b) Emergency; and
(c) Insanity.

The matter would be heard in the Magistrates Court.