MOTOR VEHICLES ACT 1959 - SECT 81H
MOTOR VEHICLES ACT 1959 - SECT 81H
81H—Contravention of mandatory alcohol interlock scheme conditions
(1) The holder of a
licence subject to the mandatory alcohol interlock scheme conditions must not
contravene any of the conditions.
Maximum penalty: $2 500.
(2) A person must not
assist the holder of a licence subject to the
mandatory alcohol interlock scheme conditions to operate a motor vehicle, or
interfere with an alcohol interlock, in contravention of any of the
conditions.
Maximum penalty: $2 500.
(3) In proceedings for
an offence against this section, an apparently genuine document purporting to
be a certificate signed by the Registrar certifying that—
(a) a
specified motor vehicle was or was not, or no vehicle was, at a specified
time, a nominated vehicle for a specified person; or
(b) a
written notice was served on a specified person fixing specified times and
places at which a specified motor vehicle must be produced for examination by
an approved alcohol interlock provider,
will be accepted as proof of the matters stated in the certificate in the
absence of proof to the contrary.
(4) In proceedings for
an offence against this section, an apparently genuine document purporting to
be a certificate signed by the Registrar certifying that an alcohol interlock
fitted to a specified motor vehicle recorded electronically that the vehicle
was operated at a specified time in contravention of an instruction published
by the Minister by notice in the Gazette will be accepted as proof that the
vehicle was operated at that time in contravention of that instruction in the
absence of proof to the contrary.
(5) Subsection (4)
does not apply unless it is proved that the alcohol interlock fitted to the
motor vehicle was tested by an approved alcohol interlock provider (or an
employee of an approved alcohol interlock provider) not more than the
prescribed number of days before and not more than the prescribed number of
days after the time of the vehicle's operation specified in the certificate
and found on each occasion to be properly functioning.
(6) In proceedings for
an offence against this section, an apparently genuine document purporting to
be a certificate signed by an approved alcohol interlock provider (or an
employee of an approved alcohol interlock provider) certifying that—
(a) an
alcohol interlock was, on a specified date, installed in a specified
motor vehicle; or
(b) an
alcohol interlock fitted to a specified motor vehicle was tested by that
person on a specified day and found to be properly functioning; or
(c) an
alcohol interlock was, on a specified date, removed from a specified
motor vehicle,
will be accepted as proof of the matters stated in the certificate in the
absence of proof to the contrary.
(7) In proceedings for
an offence against this section, if it is proved that—
(a) a
specified motor vehicle was operated at a specified time in contravention of
an instruction published by the Minister by notice in the Gazette; and
(b) the
vehicle was a nominated vehicle for a specified person at that time,
it will be presumed, in the absence of proof to the contrary, that the vehicle
was so operated by that person at that time.
(8) In proceedings for
an offence against this section, an apparently genuine document purporting to
be a certificate signed by the Registrar certifying that a specified
motor vehicle was not produced for examination by an
approved alcohol interlock provider at a specified time and place will be
accepted as proof of the matters stated in the certificate in the absence of
proof to the contrary.