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MOTOR VEHICLES ACT 1959 - SECT 81E

MOTOR VEHICLES ACT 1959 - SECT 81E

81E—Circumstances in which licence will be subject to mandatory alcohol interlock scheme conditions

        (1)         In this section—

"disqualification" means disqualification from holding or obtaining a licence or learner's permit;

"serious drink driving offence" means any drink driving offence other than—

            (a)         a category 1 offence; or

            (b)         a category 2 offence that is a first offence.

        (2)         In determining whether a category 2 offence is a first offence for the purposes of this section, any previous drink driving offence (other than a category 1 offence) for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

        (3)         Subject to subsection (4), if a person who applies for a licence

            (a)         has been disqualified from holding or obtaining a licence by order of a court on conviction for a serious drink driving offence committed on or after the commencement of this section; and

            (b)         the person has not held a licence since the end of the period of disqualification,

a licence issued to the person will be subject to the mandatory alcohol interlock scheme conditions (in addition to any conditions otherwise required) until—

            (c)         the conditions have been effective for the following period (the "prescribed minimum period ):

                  (i)         in the case of a person who has been given a notice of immediate licence disqualification or suspension under section 47IAA of the Road Traffic Act 1961 in respect of the offence—

                        (A)         subject to subsubparagraph (AB), a period equal to the aggregate of the period of licence disqualification or suspension that has applied as a result of the notice and the period of disqualification for the offence ordered by the court; or

        (AB)         in the case of an order made under section 47IAA(9)(e)(i) of the Road Traffic Act 1961 —the period equal to the period of disqualification for the offence ordered by the court; or

                        (B)         a period of 3 years,

whichever is the lesser;

                  (ii)         in any other case—

                        (A)         a period equal to the period of disqualification for the offence ordered by the court; or

                        (B)         a period of 3 years,

whichever is the lesser; and

            (d)         the person qualifies for the issue of a licence that is not subject to the mandatory alcohol interlock scheme conditions in accordance with subsection (5).

        (4)         If the applicant satisfies the Registrar, on such evidence as the Registrar may require, that prescribed circumstances exist in the particular case, a licence issued to the applicant will not be subject to the mandatory alcohol interlock scheme conditions.

        (5)         The holder of a licence subject to the mandatory alcohol interlock scheme conditions qualifies for the issue of a licence not subject to such conditions if—

            (a)         the conditions have been effective for the prescribed minimum period; and

            (b)         the Registrar is satisfied that, during the immediately preceding period of 3 months, the alcohol interlock fitted to the nominated vehicle for the person has not recorded any incidents of a kind specified in a notice by the Minister in the Gazette.

        (6)         For the purposes of this section, in determining whether the mandatory alcohol interlock conditions of a person's licence have been effective for the prescribed minimum period, the following periods are not to be taken into account:

            (a)         any period during which an alcohol interlock was not fitted to the nominated vehicle for the person;

            (b)         any period during which there was no nominated vehicle for the person;

            (c)         any period during which the person's licence was suspended under this Act or another law of this State (unless the suspension came into operation before the commencement of this paragraph).