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ROAD SAFETY ACT 1986 - SECT 103B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002

ROAD SAFETY ACT 1986 - SECT 103B

Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002

S. 103B(1) substituted by No. 49/2004 s. 33(1).

    (1)     Subject to subsection (1A), on and from the commencement of Division 2 of Part 6 of the Transport Legislation (Miscellaneous Amendments) Act 2004 , section 50AAA applies to offences, irrespective of when they were committed including (for the avoidance of doubt) whether they were committed before, on or after the commencement of section 10 of the Road Safety (Alcohol Interlocks) Act 2002 .

S. 103B(1A) inserted by No. 49/2004 s. 33(2).

    (1A)     The application of section 50AAA to an offence continues as provided by subsection (1), as in force immediately before the commencement of Division 2 of Part 6 of the Transport Legislation (Miscellaneous Amendments) Act 2004 for the purposes of any application under section 50(4) for an order as to the issue of a driver licence or permit made before that commencement.

S. 103B(1B) inserted by No. 49/2004 s. 33(2).

    (1B)     The amendment of section 50AAB(4) made by  section 32 of the Transport Legislation (Miscellaneous Amendments) Act 2004 has effect only with respect to applications made for the removal of an alcohol interlock condition more than 28 days after the commencement of Division 2 of Part 6 of that Act.

    (2)     For the purposes of subsection (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 commencement.

S. 103C inserted by No. 46/2002 s. 13.