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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Road Safety (Alcohol Interlocks) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--ROAD SAFETY ACT 1986 3
3. Definitions 3
4. Interpretative provisions 3
5. Accredited agencies 4
6. Provisions about cancellation and disqualification 4
7. New sections 50AAA to 50AAJ inserted 4
50AAA. Direction to impose alcohol interlock condition 4
50AAB. When an alcohol interlock condition can be removed 6
50AAC. Appeals against direction or period specified in
direction 8
50AAD. Offences and immobilisation orders 9
50AAE. Approval of types of alcohol interlocks and alcohol
interlock suppliers 11
50AAF. Conditions on approvals 15
50AAG. Guidelines 16
50AAH. Cancellation of approval of types of alcohol interlocks 17
50AAI. Cancellation of approval of alcohol interlock supplier 19
50AAJ. Review by Tribunal 21
8. Previous convictions 22
9. Requirement to carry licence and to have zero blood alcohol 23
10. New section 103B inserted 23
103B. Application of amendment made by the Road Safety
(Alcohol Interlocks) Act 2001 23
PART 3--SENTENCING ACT 1991 25
11. New section 87P inserted 25
87P. Interpretation 25
12. Cancellation or suspension of driver licence 26
13. New sections 89A to 89D inserted 26
89A. Direction to impose alcohol interlock condition 26
89B. Removal of alcohol interlock condition 28
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Clause Page
89C. Appeals against direction or period specified in direction 30
89D. Offences and immobilisation orders 30
14. New section 126B inserted 33
126B. Application of amendment made by the Road Safety
(Alcohol Interlocks) Act 2001 33
ENDNOTES 34
ii
541247B.A1-1/3/2002 BILL LA AS SENT 22-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 28 November 2001
As amended by Assembly 28 February 2002
A BILL
to amend the Road Safety Act 1986 and the Sentencing Act 1991
with respect to the use of alcohol interlocks as a condition of granting
a driver licence or permit to certain disqualified drivers and for other
purposes.
Road Safety (Alcohol Interlocks) Act
2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Road
Safety Act 1986 and the Sentencing Act 1991--
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Road Safety (Alcohol Interlocks) Act 2001
Act No.
PART 1--PRELIMINARY
s. 2
(a) to empower the Magistrates' Court to require
the use of alcohol interlocks as a condition of
the granting by the Roads Corporation of a
driver licence or permit to certain
5 disqualified drivers; and
(b) to do so for the purposes of rehabilitating
such drivers and minimising harm to the
community.
2. Commencement
10 (1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
15 (3) If a provision of this Act does not come into
operation before 1 August 2002, it comes into
operation on that day.
__________________
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Road Safety (Alcohol Interlocks) Act 2001
Act No.
PART 2--ROAD SAFETY ACT 1986
s. 3
PART 2--ROAD SAFETY ACT 1986
3. Definitions
See:
(1) In section 3(1) of the Road Safety Act 1986 Act No.
insert the following definitions-- 127/1986.
Reprint No. 6
5 ' "alcohol interlock", in relation to a motor as at
1 December
vehicle, means a device capable of-- 2000
and
(a) analysing a breath sample for the amending
presence of alcohol; and Act Nos
19/1991,
89/1991,
(b) if it detects more than a certain
79/2000,
10 concentration of alcohol, preventing the 4/2001,
23/2001 and
motor vehicle from being started;
54/2001.
LawToday:
"alcohol interlock condition" means a condition www.dms.
imposed on a driver licence or permit in dpc.vic.
gov.au
accordance with a direction under
15 section 50AAA;
"approved alcohol interlock" means an alcohol
interlock of a type approved by the
Corporation under section 50AAE(3);
"approved alcohol interlock supplier" means a
20 person or body approved by the Corporation
under section 50AAE(5);'.
(2) In section 3(1) of the Road Safety Act 1986, in
the definition of "accredited agency", for
"sections 50 and 50A", substitute "sections 50,
25 50AAB(5) and 50A".
4. Interpretative provisions
In section 48 of the Road Safety Act 1986, after
sub-section (1), insert--
'(1AA) Despite sub-section (1)(b) and section 3AA,
30 a person is not to be taken to be in charge of
a motor vehicle merely because the person
attempts, or intends, to start the motor
vehicle if the motor vehicle has an approved
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Road Safety (Alcohol Interlocks) Act 2001
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PART 2--ROAD SAFETY ACT 1986
s. 5
alcohol interlock installed and maintained by
an approved alcohol interlock supplier or a
person or body authorised by such a supplier.
Note: For "approved alcohol interlock" and "approved
5 alcohol interlock supplier", see section 3(1).'.
5. Accredited agencies
In section 49A(1)(a) of the Road Safety Act
1986, for "sections 50 and 50A", substitute
"sections 50, 50AAB(5) and 50A".
10 6. Provisions about cancellation and disqualification
In section 50 of the Road Safety Act 1986--
(a) at the foot of sub-section (4A) insert--
"Note: In some cases, the court is not required to have
regard to the report referred to in sub-section
15 (4B)(a): see section 50AAA(3)(a).";
(b) at the foot of sub-section (4B) insert--
"Note: In some cases, the person is not required to
obtain the report referred to in paragraph (a):
see section 50AAA(3)(a).";
20 (c) at the foot of sub-section (5) insert--
"Note: The court may, in making the order sought, be
permitted or required to direct the Corporation
to impose an alcohol interlock condition on a
driver licence or permit granted to the
25 applicant: see section 50AAA.".
7. New sections 50AAA to 50AAJ inserted
After section 50 of the Road Safety Act 1986
insert--
'50AAA. Direction to impose alcohol interlock
30 condition
(1) This section applies if--
(a) a person was disqualified under
section 50 from obtaining a driver
licence or permit because he or she was
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Road Safety (Alcohol Interlocks) Act 2001
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PART 2--ROAD SAFETY ACT 1986
s. 7
convicted or found guilty of an offence
under section 49(1)(a) (other than an
offence involving only drugs) or under
section 49(1)(b), (c), (d), (e), (f) or (g);
5 and
(b) the offence was not an accompanying
driver offence; and
(c) the person makes an application
under section 50(4) for an order as to
10 the issue of a driver licence or permit;
and
(d) the court considers it appropriate to
make the order.
(2) If the offence--
15 (a) was a first offence; and
(b) in the case of an offence under section
49(1)(b), (f) or (g), the concentration of
alcohol in the person's blood at the
relevant time was 015 grams or more
20 per 100 millilitres of blood--
on making the order, the court may direct the
Corporation that it can only grant the person
a driver licence or permit that is subject to a
condition that the person must only drive a
25 motor vehicle with an approved alcohol
interlock installed and maintained by an
approved alcohol interlock supplier or
a person or body authorised by such a
supplier.
30 Note: For "approved alcohol interlock" and "approved
alcohol interlock supplier", see section 3(1).
(3) If the offence was not a first offence--
(a) despite section 50(4A) and (4B), the
person is not required to obtain, and the
35 court is not required to have regard to, a
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PART 2--ROAD SAFETY ACT 1986
s. 7
report referred to in section 50(4B)(a);
and
(b) on making the order, the court must
direct the Corporation that it can only
5 grant the person a driver licence or
permit that is subject to a condition that
the person must only drive a motor
vehicle with an approved alcohol
interlock installed and maintained by an
10 approved alcohol interlock supplier or a
person or body authorised by such a
supplier.
50AAB. When an alcohol interlock condition can be
removed
15 (1) If the court gives a direction under section
50AAA(2) or (3)(b), it must specify in the
direction a period during which the person
concerned cannot apply to the court for the
removal of an alcohol interlock condition
20 imposed on his or her driver licence or
permit.
(2) If the direction is given under section
50AAA(2), the specified period must be at
least 6 months after the condition is imposed.
25 (3) If the direction is given under section
50AAA(3)(b), the specified period must
be--
(a) at least 6 months after the condition is
imposed if--
30 (i) the offence concerned was a
second offence; and
(ii) in the case of an offence under
section 49(1)(b), (f) or (g), the
concentration of alcohol in the
35 person's blood at the relevant time
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s. 7
was less than 015 grams per
100 millilitres of blood; or
(b) in any other case, at least 3 years after
the condition is imposed.
5 (4) The Corporation must not remove an alcohol
interlock condition imposed on a person's
driver licence or permit unless the court
orders, on the application of the person, that
the condition be removed.
10 (5) Within 28 days before applying for the
removal of an alcohol interlock condition
imposed on a person's driver licence or
permit, the person must obtain from an
accredited agency a report that--
15 (a) covers all of the period, but at least
6 months, since an approved alcohol
interlock was installed by an approved
alcohol interlock supplier, or a person
or body authorised by such a supplier,
20 in a motor vehicle driven by the person
during that period; and
(b) includes--
(i) an assessment by each approved
alcohol interlock supplier who
25 maintained or authorised a person
or body to maintain the approved
alcohol interlock during that
period on the extent to which the
person complied with the
30 manufacturer's instructions for
using the approved alcohol
interlock; and
(ii) an assessment of the person's use
of alcohol during that period; and
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(iii) the last licence restoration report
obtained by the person.
(6) In determining whether to make an order to
remove an alcohol interlock condition
5 imposed on a person's driver licence or
permit--
(a) the court must hear any relevant
evidence tendered by either the person
or the Chief Commissioner of Police
10 and any evidence of a registered
medical practitioner required by the
court; and
(b) the court, without limiting the
generality of its discretion, must have
15 regard to--
(i) the person's use of alcohol in the
period since the condition was
imposed; and
(ii) the person's physical and mental
20 condition at the time of the
hearing of the application; and
(iii) the effect that the making of the
order may have on the safety of
the person or the public; and
25 (iv) any report obtained under
sub-section (5).
50AAC. Appeals against direction or period
specified in direction
(1) If the court gives a direction under section
30 50AAA(2) or (3)(b), the person in respect of
whom the direction is given may appeal to
the County Court under section 83 of the
Magistrates' Court Act 1989 against--
(a) in the case of a direction under section
35 50AAA(2)--
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(i) the giving of the direction; or
(ii) the period specified in the
direction during which the person
cannot apply for the removal of an
5 alcohol interlock condition if that
period is more than 6 months; or
(b) in the case of a direction under section
50AAA(3)(b)--the period specified in
the direction during which the person
10 cannot apply for the removal of an
alcohol interlock condition if that
period is more than the minimum
period set out in section 50AAB(3)(a)
or (b) (whichever applies)--
15 as if the direction were a sentencing order of
a kind referred to in section 83 of the
Magistrates' Court Act 1989.
(2) That Act applies with respect to the appeal
with any necessary modifications.
20 50AAD. Offences and immobilisation orders
(1) A person whose driver licence or permit is
subject to an alcohol interlock condition is
guilty of an offence if--
(a) the person breaches that condition; or
25 (b) the person drives a motor vehicle with
an approved alcohol interlock in
accordance with that condition but the
motor vehicle has been started--
(i) with the approved alcohol
30 interlock disengaged; or
(ii) in a way that does not comply
with the manufacturer's
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PART 2--ROAD SAFETY ACT 1986
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instructions for the use of the
approved alcohol interlock; or
(iii) in a way other than by the person
blowing directly into the
5 appropriate part of the approved
alcohol interlock.
Note: Sections 50AAH and 50AAI may affect
whether a person has breached the condition.
(2) A person who is guilty of an offence against
10 sub-section (1) is liable to a fine of not more
than 30 penalty units or to imprisonment for
a term of not more than 4 months.
(3) If--
(a) a person breaches an alcohol interlock
15 condition by driving a motor vehicle
with a type of alcohol interlock--
(i) the approval of which is cancelled
under section 50AAH; or
(ii) that is installed or maintained by a
20 person or body whose approval as
an alcohol interlock supplier is
cancelled under section 50AAI; or
(iii) that is installed or maintained by a
person or body who would be
25 authorised by an approved alcohol
interlock supplier except that the
supplier's approval is cancelled
under section 50AAI; and
(b) the person is charged with an offence
30 against sub-section (1)(a) in respect of
that breach--
it is a defence if the person proves that he or
she reasonably believed at the time of the
breach that the type of alcohol interlock was
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an approved alcohol interlock, or the person
or body was an approved alcohol interlock
supplier or authorised by such a supplier, as
the case may be.
5 (4) A court finding a person guilty, or convicting
a person, of an offence against sub-section
(1)(b) may, if the court considers it
appropriate to do so, order that the motor
vehicle concerned be immobilised (whether
10 by wheel clamps or any other means) for a
period specified in the order of up to
12 months.
(5) An order under sub-section (4) may be made
subject to specified conditions.
15 (6) The court may make an order under
sub-section (4) whether the motor vehicle is
owned by the offender or another person.
(7) If the court considers that another person,
who is not present at the hearing concerning
20 the making of an order under sub-section (4),
may be substantially affected by such an
order, the court must issue a summons to that
other person to show cause why the order
should not be made.
25 (8) On the return of the summons, the court
may, after hearing the evidence brought
before it, make or refuse to make the order.
50AAE. Approval of types of alcohol interlocks and
alcohol interlock suppliers
30 (1) A person or body may apply to the
Corporation for--
(a) approval of a type of alcohol interlock;
or
(b) approval as an alcohol interlock
35 supplier--
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PART 2--ROAD SAFETY ACT 1986
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for the purposes of this Act.
(2) An application must be made in the manner
and form determined in writing by the
Corporation and must be accompanied by--
5 (a) the prescribed application fee (if any);
and
(b) any other things that are prescribed.
(3) The Corporation may approve, in writing, a
type of alcohol interlock if it is satisfied
10 that--
(a) the person or body applying for the
approval has a right to sell or lease the
type of alcohol interlock; and
(b) the type of alcohol interlock is suitable
15 to be approved for the purposes of this
Act having regard to--
(i) its effectiveness in preventing a
motor vehicle from being started
if it detects more than a certain
20 concentration of alcohol; and
(ii) the extent to which it is resistant
to tampering; and
(iii) its capacity to record information
about its use; and
25 (iv) any other matter the Corporation
considers relevant.
(4) In considering whether to approve a type of
alcohol interlock, the Corporation must
apply the guidelines for the approval of types
30 of alcohol interlocks made by the
Corporation under section 50AAG.
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(5) The Corporation may approve, in writing, a
person or body as an alcohol interlock
supplier if it considers it appropriate to do so
having regard to--
5 (a) whether--
(i) the person or body; and
(ii) the employees or agents (if any) of
the person or body who install or
maintain approved alcohol
10 interlocks--
are fit and proper persons to install and
maintain approved alcohol interlocks;
and
(b) the relevant qualifications and
15 experience of the person or body and of
those employees and agents (if any) of
the person or body; and
(c) the arrangements and standards put in
place by the person or body for--
20 (i) installing approved alcohol
interlocks; and
(ii) maintaining approved alcohol
interlocks including regular
inspections, re-calibration and the
25 recording of information about its
use; and
(d) the arrangements put in place by the
person or body for installing and
maintaining approved alcohol
30 interlocks in rural areas; and
(e) the adequacy for the purposes of this
Act of--
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(i) the premises, equipment and
resources of the person or body;
and
(ii) the record-keeping and reporting
5 arrangements of the person or
body; and
(iii) the arrangements of the person or
body for handling complaints; and
(f) the ability of the person or body to
10 comply, and record its compliance,
with the guidelines for the installation
or maintenance of approved alcohol
interlocks made by the Corporation
under section 50AAG; and
15 (g) the terms and conditions on which the
person or body supplies, or intends to
supply, approved alcohol interlocks to
customers, or a particular class of
customer, including the cost of the
20 approved alcohol interlock, its
installation and regular maintenance;
and
(h) any other matter the Corporation
considers relevant.
25 (6) The Corporation must not approve a person
or body as an alcohol interlock supplier
unless it is satisfied that the person or body
will provide concessions to assist with the
cost of installation and regular maintenance
30 of an approved alcohol interlock to--
(a) classes of persons specified by the
regulations for the purposes of this sub-
section; or
(b) if the regulations do not specify classes
35 of persons for the purposes of this sub-
section, persons who hold a health care
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card (within the meaning of the Social
Security Act 1991 of the
Commonwealth).
(7) In considering whether to approve a person
5 or body as an alcohol interlock supplier, the
Corporation must apply the guidelines for
the approval of persons or bodies as alcohol
interlock suppliers made by the Corporation
under section 50AAG.
10 (8) If the Corporation refuses to give an
approval under sub-section (3) or (5), it must
give written notice of the refusal and the
reasons for it to the person or body who
applied for the approval.
15 (9) Subject to sections 50AAH and 50AAI, an
approval under this section remains in force
for the period specified by the Corporation
when the approval is given.
50AAF. Conditions on approvals
20 (1) An approval under section 50AAE may be
given subject to specified conditions.
(2) The Corporation must specify in the
approval of an alcohol interlock supplier that
it is a condition of the approval that the
25 supplier must--
(a) comply with the guidelines (if any)
under sections 50AAG(1)(b)(ii) and (c);
and
(b) ensure that each of the following
30 persons or bodies comply with those
guidelines--
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(i) the supplier's employees and
agents (if any) who install or
maintain approved alcohol
interlocks; and
5 (ii) the persons or bodies (if any)
authorised by the supplier to
install or maintain approved
alcohol interlocks.
(3) The Corporation may at any time--
10 (a) vary or revoke a condition on an
approval; or
(b) impose a new condition on an
approval--
by giving written notice to the person or
15 body concerned, allowing the person or body
at least 10 working days to make written
representations about the proposed action.
50AAG. Guidelines
(1) The Corporation may make guidelines for
20 any of the following matters--
(a) the approval of types of alcohol
interlocks, including the way in which
the Corporation has regard to the
matters in section 50AAE(3)(b);
25 (b) the approval of persons or bodies as
alcohol interlock suppliers, including--
(i) the way in which the Corporation
has regard to the matters in section
50AAE(5); and
30 (ii) the type of concessions that must
be provided for the purposes of
section 50AAE(6);
(c) the installation or maintenance of
approved alcohol interlocks, including
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the terms and conditions on which
approved alcohol interlocks are
supplied to customers or a particular
class of customer.
5 (2) The guidelines--
(a) must be in writing and be published in
the Government Gazette; and
(b) must be laid before each House of
Parliament within 6 sitting days of that
10 House after the guidelines are
published in the Government Gazette;
and
(c) may apply, adopt or incorporate any
matter contained in another document,
15 whether as--
(i) amended by the guidelines; or
(ii) contained in that document at a
particular time or from time to
time.
20 50AAH. Cancellation of approval of types of alcohol
interlocks
(1) The Corporation may cancel the approval of
a type of alcohol interlock under
section 50AAE if the Corporation is satisfied
25 that it is appropriate to do so because--
(a) the type of alcohol interlock is
defective to the extent that it is no
longer suitable to be approved for the
purposes of this Act (whether because
30 the information it records about its use
is misleading or for any other reason);
or
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(b) since the type of alcohol interlock was
approved, the Corporation has
approved one or more other types of
alcohol interlocks that the Corporation
5 considers are more suitable to be
approved for the purposes of this Act.
(2) If the Corporation cancels the approval of a
type of alcohol interlock under sub-section
(1)(a), the Corporation--
10 (a) must ensure that a notice is published in
the Government Gazette, and a
newspaper circulating generally
throughout Victoria, stating that the
approval of the type of alcohol
15 interlock is cancelled with effect from a
specified day (which must be after both
of those notices are published); and
(b) must send a notice to each approved
alcohol interlock supplier stating that
20 the approval of the type of alcohol
interlock is cancelled with effect from
that specified day; and
(c) may send a notice to a person whose
driver licence or permit is subject to an
25 alcohol interlock condition, at the latest
address the person has notified to the
Corporation, stating that the person
breaches the condition if he or she
drives a motor vehicle with that type of
30 alcohol interlock after the day specified
in the notice (which must be at least
one month after the notice is sent).
(3) If the Corporation cancels the approval of a
type of alcohol interlock under sub-section
35 (1)(a), a person whose driver licence or
permit is subject to an alcohol interlock
condition breaches the condition if he or she
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drives a motor vehicle with that alcohol
interlock after the later of the following--
(a) the day specified in the notice
published under sub-section (2)(a);
5 (b) if the person is sent a notice under
sub-section (2)(c), the day specified in
that notice.
(4) If the Corporation cancels the approval of a
type of alcohol interlock under sub-section
10 (1)(b)--
(a) the Corporation must send a notice to
each approved alcohol interlock
supplier stating that the approval is
cancelled with effect from a specified
15 day; and
(b) an alcohol interlock of that type that
was installed in a motor vehicle before
the specified day is taken to continue to
be approved, despite the cancellation,
20 for the purposes of this Act and the
Sentencing Act 1991.
(5) In sub-sections (2)(c) and (3), "alcohol
interlock condition" includes an alcohol
interlock condition imposed in accordance
25 with a direction under section 89A of the
Sentencing Act 1991.
Note: Under section 50AAD(3), a person who
breaches an alcohol interlock condition because
the approval of a type of alcohol interlock has
30 been cancelled has a defence if the person
proves that he or she reasonably believed that
the type of alcohol interlock was approved.
50AAI. Cancellation of approval of alcohol
interlock supplier
35 (1) The Corporation may, by giving written
notice to an approved alcohol interlock
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supplier, cancel the supplier's approval under
section 50AAE if the Corporation is satisfied
that it is appropriate to do so because the
supplier--
5 (a) has failed to comply with one or more
conditions of the approval; or
(b) is no longer supplying, installing or
maintaining alcohol interlocks.
(2) If the Corporation cancels the approval of an
10 alcohol interlock supplier, the Corporation--
(a) must ensure that a notice is published in
the Government Gazette, and a
newspaper circulating generally
throughout Victoria, stating that the
15 approval of the alcohol interlock
supplier is cancelled with effect from a
specified day (which must be after both
of those notices are published); and
(b) may send a notice to a person whose
20 driver licence or permit is subject to an
alcohol interlock condition, at the latest
address that the person has notified to
the Corporation, stating that the person
breaches the condition if--
25 (i) the supplier, or a person or body
authorised by the supplier, installs
or maintains an approved alcohol
interlock in a motor vehicle; and
(ii) the person drives the motor
30 vehicle with that approved alcohol
interlock--
after the day specified in the notice
(which must be at least one month after
the notice is sent).
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(3) If the Corporation cancels the approval of an
alcohol interlock supplier, a person whose
driver licence or permit is subject to an
alcohol interlock condition breaches the
5 condition if--
(a) the supplier, or a person or body
authorised by the supplier, installs or
maintains an approved alcohol interlock
in a motor vehicle after the later of the
10 following--
(i) the day specified in the notice
published under sub-section
(2)(a); or
(ii) if the person is sent a notice under
15 sub-section (2)(b), the day
specified in the notice; and
(b) the person drives the motor vehicle
with that approved alcohol interlock
after the later of those days.
20 (4) In sub-sections (2)(b) and (3), "alcohol
interlock condition" includes an alcohol
interlock condition imposed in accordance
with a direction under section 89A of the
Sentencing Act 1991.
25 Note: Under section 50AAD(3), a person who
breaches an alcohol interlock condition because
the approval of an alcohol interlock supplier
has been cancelled has a defence if the person
proves that he or she reasonably believed that
30 the supplier was approved.
50AAJ. Review by Tribunal
(1) A person or body whose interests are
affected by a decision of the Corporation--
(a) under section 50AAE to refuse to give
35 an approval; or
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(b) under section 50AAH or 50AAI to
cancel an approval--
may apply for review of the decision to the
Victorian Civil and Administrative Tribunal
5 established by the Victorian Civil and
Administrative Tribunal Act 1998.
(2) An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
10 or
(b) if notice of the decision is published
under section 50AAH(2)(a) or
50AAI(2)(a) in both the Government
Gazette and a newspaper, the day on
15 which the later notice is published; or
(c) if notice of the decision is given or sent
to the person or body under section
50AAE(7), 50AAH(2), 50AAH(4),
50AAI(1) or 50AAI(2), the day on
20 which the notice is given or sent to the
person or body; or
(d) if the person or body requests a
statement of reasons for the decision
under the Victorian Civil and
25 Administrative Tribunal Act 1998,
the day on which--
(i) the statement is given to the
person or body; or
(ii) the person or body is informed
30 under section 46(5) of that Act
that the statement will not be
given.'.
8. Previous convictions
In the table in section 50AA, after the last entry in
35 the table, insert--
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s. 10
"Section 50AAA(2) and (3) The making of an
application under
section 50(4)
Section 50AAB(3) The making of an
application under
section 50(4)".
9. Requirement to carry licence and to have zero blood
alcohol
(1) In section 19(7) of the Road Safety Act 1986--
(a) after "50(4)" insert "of this Act or section
5 89(2) of the Sentencing Act 1991";
(b) after "3 years" insert "(or any longer period
during which an alcohol interlock condition
as defined in section 3(1) of this Act or
section 87P(1) of the Sentencing Act 1991,
10 as the case requires, applies to the licence)".
(2) In section 52(1B) of the Road Safety Act 1986--
(a) after "3 years" insert "(or any longer period
during which an alcohol interlock condition
as defined in section 3(1) of this Act or
15 section 87P(1) of the Sentencing Act 1991,
as the case requires, applies to the licence)";
(b) after "50(4)" insert "of this Act or section
89(2) of the Sentencing Act 1991".
10. New section 103B inserted
20 After section 103A of the Road Safety Act 1986
insert--
"103B. Application of amendment made by the
Road Safety (Alcohol Interlocks) Act 2001
(1) Section 50AAA only applies to offences
25 alleged to have been committed on or
after the commencement of section 10 of
the Road Safety (Alcohol Interlocks)
Act 2001.
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(2) For the purposes of sub-section (1), if an
offence is alleged to have been committed
between two dates, one before and one after
the commencement, the offence is alleged to
5 have been committed before that
commencement.".
__________________
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PART 3--SENTENCING ACT 1991
s. 11
PART 3--SENTENCING ACT 1991
11. New section 87P inserted
See:
Before section 88 of the Sentencing Act 1991, in Act No.
Division 3 of Part 4, insert-- 49/1991.
Reprint No. 6
5 '87P. Interpretation as at
1 August 2001
(1) In this Division-- and
amending
Act Nos
"alcohol interlock" has the meaning given
45/2001 and
by section 3(1) of the Road Safety Act 61/2001.
LawToday:
1986;
www.dms.
dpc.vic.
10 "alcohol interlock condition" means a gov.au
condition imposed on a driver licence
in accordance with a direction under
section 89A;
"approved alcohol interlock" has the
15 meaning given by section 3(1) of the
Road Safety Act 1986;
"approved alcohol interlock supplier" has
the meaning given by section 3(1) of
the Road Safety Act 1986.
20 (2) In determining whether an offence is a first
or subsequent offence for the purposes of
section 89A or 89B--
(a) section 48(2) of the Road Safety Act
1986 applies as though it included a
25 reference to a person who is convicted
of an offence referred to in any one of
the paragraphs of section 89(1) of this
Act; and
(b) section 50AA of the Road Safety Act
30 1986, including the table in that section,
applies as though--
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s. 12
(i) section 89A(2) and (3), and
section 89B(2), of this Act were
specified in column 1 of the table;
and
5 (ii) the event specified in relation to
those sections in column 2 of the
table were the making of the
application under section 89(2).'.
12. Cancellation or suspension of driver licence
10 In section 89 of the Sentencing Act 1991--
(a) at the foot of sub-section (3A) insert--
"Note: In some cases, the court is not required to have
regard to the report referred to in sub-section
(3B)(a): see section 89A(3)(a).";
15 (b) at the foot of sub-section (3B) insert--
"Note: In some cases, the person is not required to
obtain the report referred to in paragraph (a):
see section 89A(3)(a).";
(c) at the foot of sub-section (3E) insert--
20 "Note: The court may, in making the order sought, be
permitted or required to direct the Roads
Corporation to impose an alcohol interlock
condition on a driver licence granted to the
applicant: see section 89A.".
25 13. New sections 89A to 89D inserted
After section 89 of the Sentencing Act 1991
insert--
'89A. Direction to impose alcohol interlock
condition
30 (1) This section applies if--
(a) a person was disqualified under
section 89 from obtaining a driver
licence because he or she was found
guilty of an offence; and
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(b) there was a finding that the person was
under the influence of alcohol when the
offence was committed which
contributed to the commission of the
5 offence; and
(c) the person makes an application under
section 89(2) for an order; and
(d) the Magistrates' Court considers it
appropriate to make the order.
10 (2) If the offence was a first offence, on making
the order the court may direct the Roads
Corporation that it can only grant the person
a driver licence that is subject to a condition
that the person must only drive a motor
15 vehicle with an approved alcohol interlock
installed and maintained by an approved
alcohol interlock supplier or a person or
body authorised by an approved alcohol
interlock supplier.
20 Note: For "approved alcohol interlock" and "approved
alcohol interlock supplier", see section 87P(1).
(3) If the offence was not a first offence--
(a) despite section 89(3A) and (3B), the
person is not required to obtain, and the
25 court is not required to have regard to, a
report referred to in section 89(3B)(a);
and
(b) on making the order, the court must
direct the Roads Corporation that it can
30 only grant the person a driver licence
that is subject to a condition that the
person must only drive a motor vehicle
with an approved alcohol interlock
installed and maintained by an
35 approved alcohol interlock supplier or a
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PART 3--SENTENCING ACT 1991
s. 13
person or body authorised by an
approved alcohol interlock supplier.
89B. Removal of alcohol interlock condition
(1) If the court gives a direction under section
5 89A(2) or (3)(b), it must specify in the
direction a period during which the person
concerned cannot apply to the court for the
removal of an alcohol interlock condition
imposed on his or her driver licence.
10 (2) The specified period must be--
(a) at least 6 months after the condition is
imposed in the case of--
(i) a direction under section 89A(2);
or
15 (ii) a direction under section
89A(3)(b) where the offence
concerned was a second offence;
or
(b) in any other case, at least 3 years after
20 the condition is imposed.
(3) The Roads Corporation must not remove an
alcohol interlock condition imposed on a
person's driver licence unless the court
orders, on the application of the person, that
25 the condition be removed.
(4) Within 28 days before applying for the
removal of an alcohol interlock condition
imposed on a person's driver licence, the
person must obtain from an accredited
30 agency a report that--
(a) covers all of the period, but at least
6 months, since an approved alcohol
interlock was installed by an approved
alcohol interlock supplier, or a person
35 or body authorised by such a supplier,
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in a motor vehicle driven by the person
during that period; and
(b) includes--
(i) an assessment by each approved
5 alcohol interlock supplier who
maintained or authorised a person
or body to maintain the approved
alcohol interlock during that
period on the extent to which the
10 person complied with the
manufacturer's instructions for
using the approved alcohol
interlock; and
(ii) an assessment of the person's use
15 of alcohol during that period; and
(iii) the last licence restoration report
obtained by the person.
(5) In determining whether to make an order to
remove an alcohol interlock condition
20 imposed on a person's driver licence--
(a) the court must hear any relevant
evidence tendered by either the person
or the Chief Commissioner of Police
and any evidence of a registered
25 medical practitioner required by the
court; and
(b) the court, without limiting the
generality of its discretion, must have
regard to--
30 (i) the person's use of alcohol in the
period since the condition was
imposed; and
(ii) the person's physical and mental
condition at the time of the
35 hearing of the application; and
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s. 13
(iii) the effect that the making of the
order may have on the safety of
the person or the public; and
(iv) any report obtained under
5 sub-section (4).
89C. Appeals against direction or period
specified in direction
(1) If the court gives a direction under section
89A(2) or (3)(b), the person in respect of
10 whom the direction is given may appeal to
the County Court under section 83 of the
Magistrates' Court Act 1989 against--
(a) in the case of a direction under section
89A(2)--
15 (i) the giving of the direction; or
(ii) the period specified in the
direction during which the person
cannot apply for the removal of an
alcohol interlock condition if that
20 period is more than 6 months; or
(b) in the case of a direction under section
89A(3)(b)--the period specified in the
direction during which the person
cannot apply for the removal of an
25 alcohol interlock condition if that
period is more than the minimum
period set out in section 89B(2)(a) or
(b) (whichever applies)--
as if the direction were a sentencing order of
30 a kind referred to in section 83 of the
Magistrates' Court Act 1989.
(2) That Act applies with respect to the appeal
with any necessary modifications.
89D. Offences and immobilisation orders
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PART 3--SENTENCING ACT 1991
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(1) A person whose driver licence is subject to
an alcohol interlock condition is guilty of an
offence if--
(a) the person breaches that condition; or
5 (b) the person drives a motor vehicle with
an approved alcohol interlock in
accordance with that condition but the
motor vehicle has been started--
(i) with the approved alcohol
10 interlock disengaged; or
(ii) in a way that does not comply
with the manufacturer's
instructions for the use of the
approved alcohol interlock; or
15 (iii) in a way other than by the person
blowing directly into the
appropriate part of the approved
alcohol interlock.
Note: Sections 50AAH and 50AAI of the Road
20 Safety Act 1986 may affect whether a person
has breached the condition.
(2) A person who is guilty of an offence against
sub-section (1) is liable to a fine of not more
than 30 penalty units or to imprisonment for
25 a term of not more than 4 months.
(3) If--
(a) a person breaches an alcohol interlock
condition by driving a motor vehicle
with a type of alcohol interlock--
30 (i) the approval of which is cancelled
under section 50AAH of the Road
Safety Act 1986; or
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PART 3--SENTENCING ACT 1991
s. 13
(ii) that is installed or maintained by a
person or body whose approval as
an alcohol interlock supplier is
cancelled under section 50AAI of
5 the Road Safety Act 1986; or
(iii) that is installed or maintained by a
person or body who would be
authorised by an approved alcohol
interlock supplier except that the
10 supplier's approval is cancelled
under section 50AAI of the Road
Safety Act 1986; and
(b) the person is charged with an offence
against sub-section (1)(a) in respect of
15 that breach--
it is a defence if the person proves that he or
she reasonably believed at the time of the
breach that the type of alcohol interlock was
an approved alcohol interlock, or the person
20 or body was an approved alcohol interlock
supplier or authorised by such a supplier, as
the case may be.
(4) A court finding a person guilty, or convicting
a person, of an offence against sub-section
25 (1)(b) may, if the court considers it
appropriate to do so, order that the motor
vehicle concerned be immobilised (whether
by wheel clamps or any other means) for a
period specified in the order of up to
30 12 months.
(5) An order under sub-section (4) may be made
subject to specified conditions.
(6) The court may make an order under
sub-section (4) whether the motor vehicle is
35 owned by the offender or another person.
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PART 3--SENTENCING ACT 1991
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(7) If the court considers that another person,
who is not present at the hearing concerning
the making of an order under sub-section (4),
may be substantially affected by such an
5 order, the court must issue a summons to that
other person to show cause why the order
should not be made.
(8) On the return of the summons, the court
may, after hearing the evidence brought
10 before it, make or refuse to make the order.'.
14. New section 126B inserted
At the end of Part 12 of the Sentencing Act 1991
insert--
"126B. Application of amendment made by the
15 Road Safety (Alcohol Interlocks) Act 2001
(1) Section 89A only applies to offences alleged
to have been committed on or after the
commencement of section 14 of the Road
Safety (Alcohol Interlocks) Act 2001.
20 (2) For the purposes of sub-section (1), if an
offence is alleged to have been committed
between two dates, one before and one after
the commencement, the offence is alleged to
have been committed before that
25 commencement.".
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
34
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