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This is a Bill, not an Act. For current law, see the Acts databases.
TRANSPORT LEGISLATION (ALCOHOL IGNITION LOCKS) AMENDMENT BILL 2008
Serial 9
Transport
Legislation (Alcohol Ignition Locks) Amendment Bill
2008
Ms
Lawrie
A Bill for an Act to provide for the
use of alcohol ignition locks, and for other purposes
NORTHERN TERRITORY OF
AUSTRALIA
Transport Legislation (Alcohol
Ignition LockS) Amendment ACT 2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act to provide for the use of
alcohol ignition locks, and for other purposes
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
Part 1 Preliminary
matters
Short title
This Act may be cited as the Transport
Legislation (Alcohol Ignition Locks) Amendment Act 2008.
This Act commences on the date fixed by the
Administrator by Gazette notice.
Part 2 Amendment of Motor Vehicles
Act
Act amended
This Part amends the Motor Vehicles
Act.
Amendment of section 5
(Interpretation)
Section 5(1)
insert (in alphabetical
order)
AIL, or alcohol ignition
lock, see section 19(1) of the Traffic Act.
AIL licence, see section
10(4A).
AIL period, see section 19(1) of the
Traffic Act.
AIL vehicle, see section
10(4A).
approved AIL means an AIL approved
under section 10(4E).
approved supplier means a supplier
approved under section 10(4E).
mandatory period, see section 19(1) of
the Traffic Act.
suspension notice, see section
26.
suspension period, see section
26.
Amendment of section 8A (Registrar may grant
exemption)
After section 8A(4)
insert
(5) The Registrar may exempt a resident of the
Territory from holding a licence for a specified period if:
(a) the person holds a licence to drive a vehicle
fitted with an AIL (whether or not an approved AIL) under the law of another
jurisdiction (whether or not in Australia); and
(b) that licence has effect during that
period.
Amendment of section 10 (Granting of
licences)
(1) Section 10(1)
omit
commercial passenger vehicle or heavy
vehicle
substitute
commercial passenger vehicle, heavy vehicle or AIL
vehicle
(2) After section 10(4)
insert
(4A) The Registrar may, on the application of a
person, grant the person a licence (AIL licence) to drive a
vehicle (AIL vehicle) that is:
(a) not a commercial passenger vehicle;
and
(b) fitted with an approved AIL;
and
(c) of a class specified in the
licence.
(4B) The Registrar may do so only
if:
(a) the person is disqualified from obtaining a
licence because of section 21(3)(b)(ii), 22(3)(b)(ii), 24(5)(b)(ii),
25(6A)(a)(ii) or (b)(ii), 29AAA(3A)(b)(ii), 29AAE(3)(b)(ii) or
29AAH(3)(b)(ii) of the Traffic Act; and
(b) within 5 years immediately before the person
applies for the AIL licence, the person held a licence to drive a motor vehicle
(previous licence) that:
(i) was granted in the Territory or another
jurisdiction (whether or not in Australia); but
(ii) was not a learner licence or its equivalent in
another jurisdiction; and
(c) the Registrar is satisfied this Act does not
prevent the Registrar from granting the AIL licence.
Note
The Registrar may refuse to grant the licence
because of section 102 or 102AA.
(4C) The AIL licence:
(a) must relate to the same class of vehicle to
which the previous licence relates; and
(b) is subject to the same conditions of the
previous licence and other conditions relating to the AIL prescribed by
regulation (such as conditions relating to approved suppliers);
and
(c) has effect from the granting of the licence to
the end of the AIL period; and
(d) cannot be renewed.
(4D) However, if 1 or more suspension periods apply
to the person under suspension notices issued during the mandatory period or AIL
period (whether or not before the granting of the AIL licence):
(a) for a notice issued before or when the licence
is granted – the licence may take effect only after the end of the
suspension period to which it relates; and
(b) for a notice issued after the licence is granted
– the licence is suspended during the suspension period to which it
relates; and
(c) the licence has effect until the end of a period
that:
(i) immediately follows the AIL period;
and
(ii) is equal to the total of the suspension periods
covered by paragraphs (a) and (b).
Example
If the person is subject to a suspension period
of 3 months, the AIL licence ceases to have effect 3 months after the AIL
period.
(4E) For this section, the Registrar may, by
Gazette notice:
(a) approve an AIL; and
(b) a supplier of an AIL or of services relating to
an AIL.
Amendment of section 104 (Duration of licences
may be shorter)
After section 104(3)
insert
(4) This section does not apply to an AIL
licence.
Repeal and substitution of section
113
Section 113
repeal, substitute
113 Requirement to
produce licence or give information
(1) The driver of a motor vehicle must produce his
or her licence to the Registrar, an inspector or police officer for inspection
immediately after the Registrar, inspector or officer requests him or her to do
so.
Maximum penalty: 20 penalty units.
(2) The driver of a motor vehicle must state his or
her name and address to the Registrar, an inspector or police officer
immediately after the Registrar, inspector or officer requests him or her to do
so.
Maximum penalty: 20 penalty units.
(3) It is a defence to a prosecution for an offence
against
subsection (1) or (2) if the defendant
establishes a reasonable excuse.
Part 3 Amendment of Traffic
Act
Act amended
This Part amends the Traffic
Act.
Amendment of section 19
(Interpretation)
(1) Section 19(1)
insert
AIL, or alcohol ignition
lock, means a device fitted to a motor vehicle that will prevent the
starting of the vehicle unless:
(a) a sample of a person's breath is given through
the device; and
(b) the sample indicates the person has a blood
alcohol content of less than 0.02%.
AIL licence, see section 10(4A) of the
Motor Vehicles Act.
AIL period, see sections 21(3)(b),
22(3)(b), 24(5)(b), 25(6A), 29AAA(3A)(b), 29AAE(3)(b) and
29AAH(3)(b).
AIL vehicle, see section 10(4A) of the
Motor Vehicles Act.
approved AIL, see section 5(1) of the
Motor Vehicles Act.
mandatory period, see sections
21(3)(b), 22(3)(b), 24(5)(b), 25(6A), 29AAA(3A)(b), 29AAE(3)(b) and
29AAH(3)(b).
(2) After section 19(5)
insert
(6) In this Part, a reference to a period for which
a person is disqualified from obtaining a licence is a reference to such a
period decided by the court ordering the disqualification.
Amendment of section 21 (High range blood
alcohol content)
Section 21(3)
omit
all the words after "cancelled and"
substitute
the person is disqualified from:
(a) for a first offence – obtaining a licence
for a period that is at least 12 months; and
(b) for a second or subsequent
offence:
(i) obtaining a licence for a period
(mandatory period) that is at least 18 months;
and
(ii) if the mandatory period is less than 5 years
– obtaining a licence other than an AIL licence for an additional period
(AIL period) immediately after the mandatory period that is at
least 12 months and not more than 3 years.
Notes
1 This means the person may be able to drive a
motor vehicle fitted with an alcohol ignition lock during the AIL period after
being disqualified for the mandatory period (see sections 29AAYB and
29AAYC).
2 If the mandatory period is 5 years or more, no
AIL period applies to the person and the person cannot obtain an AIL
licence.
Amendment of section 22 (Medium range blood
alcohol content)
Section 22(3)
omit
all the words after "cancelled and"
substitute
the person is disqualified from:
(a) for a first offence – obtaining a licence
for a period that is at least 6 months; and
(b) for a second or subsequent
offence:
(i) obtaining a licence for a period
(mandatory period) that is at least 12 months;
and
(ii) if the mandatory period is less than 5 years
– obtaining a licence other than an AIL licence for an additional period
(AIL period) immediately after the mandatory period that is at
least 12 months and not more than 3 years.
Notes
1 This means the person may be able to drive a
motor vehicle fitted with an alcohol ignition lock during the AIL period after
being disqualified for the mandatory period (see sections 29AAYB and
29AAYC).
2 If the mandatory period is 5 years or more, no
AIL period applies to the person and the person cannot obtain an AIL
licence.
Amendment of section 24 (Some drivers to be
zero alcohol)
Section 24(5)
omit
all the words after "cancelled and"
substitute
the person is disqualified from:
(a) for a first offence – obtaining a licence
for a period that is at least 3 months; and
(b) for a second or subsequent
offence:
(i) obtaining a licence for a period
(mandatory period) that is at least 6 months; and
(ii) if the mandatory period is less than 5 years
– obtaining a licence other than an AIL licence for an additional period
(AIL period) immediately after the mandatory period that is at
least 6 months and not more than 3 years.
Notes
1 This means the person may be able to drive a
motor vehicle fitted with an alcohol ignition lock during the AIL period after
being disqualified for the mandatory period (see sections 29AAYB and
29AAYC).
2 If the mandatory period is 5 years or more, no
AIL period applies to the person and the person cannot obtain an AIL
licence.
Amendment of section 25 (Driver of certain
vehicles to be zero alcohol)
(1) Section 25(6)
omit
a person
substitute
a person who is not covered by subsection
(2)
(2) After section 25(6)
insert
(6A) If a court finds a person covered by
subsection (2) guilty of a relevant offence that is a second or subsequent
offence, the person's licence to drive is cancelled and the person is
disqualified from:
(a) for a second offence:
(i) obtaining a licence for a period
(mandatory period) that is at least 3 months; and
(ii) if the mandatory period is less than 5 years
– obtaining a licence other than an AIL licence for an additional period
(AIL period) immediately after the mandatory period that is at
least 6 months and not more than 3 years; and
(b) for a subsequent offence:
(i) obtaining a licence for a period
(mandatory period) that is at least 6 months; and
(ii) if the mandatory period is less than 5 years
– obtaining a licence other than an AIL licence for an additional period
(AIL period) immediately after the mandatory period that is at
least 6 months and not more than 3 years.
Notes
1 This means the person may be able to drive a
motor vehicle fitted with an alcohol ignition lock during the AIL period after
being disqualified for the mandatory period (see sections 29AAYB and
29AAYC).
2 If the mandatory period is 5 years or more, no
AIL period applies to the person and the person cannot obtain an AIL
licence.
Amendment of section 29AAA (Driving under
influence)
(1) Section 29AAA(3), after "relevant
offence"
insert
relating to the influence of a drug
only
(2) After section 29AAA(3)
insert
(3A) If a court finds a person guilty of a relevant
offence relating to the influence of alcohol, or alcohol and a drug, but not a
drug only, the person's licence to drive is cancelled and the person is
disqualified from:
(a) for a first offence – obtaining a licence
for a period that is at least 6 months; and
(b) for a second or subsequent
offence:
(i) obtaining a licence for a period
(mandatory period) that is at least 12 months;
and
(ii) if the mandatory period is less than 5 years
– obtaining a licence other than an AIL licence for an additional period
(AIL period) immediately after the mandatory period that is at
least 12 months and not more than 3 years.
Notes
1 This means the person may be able to drive a
motor vehicle fitted with an alcohol ignition lock during the AIL period after
being disqualified for the mandatory period (see sections 29AAYB and
29AAYC).
2 If the mandatory period is 5 years or more, no
AIL period applies to the person and the person cannot obtain an AIL
licence.
Amendment of section 29AAE (Offence of failing
to submit to breath analysis)
Section 29AAE(3)
omit
all the words after "cancelled and"
substitute
the person is disqualified from:
(a) for a first offence – obtaining a licence
for a period that is at least 12 months; and
(b) for a second or subsequent
offence:
(i) obtaining a licence for a period
(mandatory period) that is at least 18 months;
and
(ii) if the mandatory period is less than 5 years
– obtaining a licence other than an AIL licence for an additional period
(AIL period) immediately after the mandatory period that is at
least 12 months and not more than 3 years.
Notes
1 This means the person may be able to drive a
motor vehicle fitted with an alcohol ignition lock during the AIL period after
being disqualified for the mandatory period (see sections 29AAYB and
29AAYC).
2 If the mandatory period is 5 years or more, no
AIL period applies to the person and the person cannot obtain an AIL
licence.
Amendment of section 29AAH (Offence of failing
to provide blood sample)
Section 29AAH(3)
omit
all the words after "cancelled and"
substitute
the person is disqualified from:
(a) for a first offence – obtaining a licence
for a period that is at least 12 months; and
(b) for a second or subsequent
offence:
(i) obtaining a licence for a period
(mandatory period) that is at least 18 months;
and
(ii) if the mandatory period is less than 5 years
– obtaining a licence other than an AIL licence for an additional period
(AIL period) immediately after the mandatory period that is at
least 12 months and not more than 3 years.
Notes
1 This means the person may be able to drive a
motor vehicle fitted with an alcohol ignition lock during the AIL period after
being disqualified for the mandatory period (see sections 29AAYB and
29AAYC).
2 If the mandatory period is 5 years or more, no
AIL period applies to the person and the person cannot obtain an AIL
licence.
After section 29AAY
insert
Division
9 Alcohol ignition locks
29AAYA Object of
Division
The object of this Division is to enable certain
persons disqualified from obtaining a licence under this Part to drive an AIL
vehicle after the end of a mandatory period of the
disqualification.
29AAYB Application of
Division
This Division applies to a person who
is:
(a) disqualified from obtaining a licence because of
section 21(3)(b)(ii), 22(3)(b)(ii), 24(5)(b)(ii), 25(6A)(a)(ii)
or (b)(ii), 29AAA(3A)(b)(ii), 29AAE(3)(b)(ii) or 29AAH(3)(b)(ii);
and
(b) granted an AIL licence under section 10(4A) of
the Motor Vehicles Act.
29AAYC Effect of
holding licence
Despite any other provisions of this Act, the person
may drive an AIL vehicle at a public place or on a public street while the AIL
licence has effect.
Note
In general, the AIL licence has effect for the
remains of the AIL period (see section 10(4C) and (4D) of the Motor Vehicles
Act).
(1) While the AIL licence has effect, the person
must not drive a motor vehicle at a public place or on a public street if it is
not an AIL vehicle.
Maximum penalty: Imprisonment for
12 months.
(2) While the AIL licence has effect, the person
must not drive an AIL vehicle at a public place or on a public street
if:
(a) the AIL fitted to the vehicle is not functioning
properly; and
(b) the person knows the AIL is not functioning
properly.
Maximum penalty: Imprisonment for
12 months.
(3) While the AIL licence has effect, the person
must not drive an AIL vehicle at a public place or on a public
street:
(a) if the AIL fitted to the vehicle is disengaged;
or
(b) in a way that would hamper the proper
functioning of the AIL.
Maximum penalty: Imprisonment for
12 months.
(4) The person must not contravene a condition of
the AIL licence.
Maximum penalty: 20 penalty units.
(5) If a court finds a person guilty of an offence
against subsection (1), (2) or (3):
(a) the AIL licence is cancelled;
and
(b) the person is disqualified from obtaining a
licence for the rest of the AIL period.
(6) An offence against subsection (1), (2) or (3)
is an immediate suspension offence.
Amendment of section 31 (Driving while
disqualified)
(1) After section 31(1)
insert
(1A) If a person is disqualified from obtaining a
licence other than an AIL licence for an AIL period, the person must not apply
for a licence other than an AIL licence during that period.
(1B) In addition, the person must not, during that
period, drive a motor vehicle at a public place or on a public street except
under an AIL licence.
Maximum penalty: Imprisonment for 12
months.
(2) Section 31(2), after "subsection
(1)"
insert
or (1B)
Amendment of section 51 (Regulatory
offences)
Section 51, after "other than
sections"
insert
29AAYD(2),
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