Tuvalu Island Courts Bench Book - Federal Court of Australia

The prosecution may need to produce the result of a driver register
search or obtain a proper admission from the driver.
Even if the driver has a license, it must be valid for the particular
class of vehicle he or she drove. The prosecution may have to prove
the class of vehicle driven, if the driver was in fact licensed but for
another class of vehicle.
If a driver had a license and has failed to renew the license, then he
or she does not have a valid license.
Note that s13 is subject to s14, which allows a person to have a
provisional license, which may have conditions. If the prosecution
alleges that a driver was driving outside the terms of a provisional
license, they will need to prove the terms of the license and show
what the breach is..
Employed
If this is the ground on which the charge is based, the prosecution
must prove that the accused did employ the unlicensed driver to
drive. This may be admitted by the accused or the driver or another
person may give evidence to show this.
Defences
If the prosecution has proved the elements of the offence, beyond
reasonable doubt, the accused may still have a legal defence.
The accused will have to establish their defence to your satisfaction,
on the balance of probabilities (i.e. more likely than not).
Sentence
6 months imprisonment or $100 fine: s27 Traffic Act. Note that you
may also disqualify the accused from holding a driving licence:
s25(1) Traffic Act. After 6 months, they may apply for their licence
back under s26 Traffic Act.
See Tianamo Savave v R (in Pita v R) [2002] TVHC 4.
Tuvalu Island Courts Bench Book June 2004