Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 50AAC

Appeals against direction or period specified in direction

50AAC. Appeals against direction or period specified in direction





(1) If the court gives a direction under section 50AAA(1A), 50AAA(2),
50AAA(2A), 50AAA(3)(b) or 50AAA(3A), 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 50AAA(1A)-

   (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 period
        is more than 6 months; or

   (ab) in the case of a direction under section 50AAA(2) or 50AAA(2A)-the
        period specified in the direction during which the person cannot apply
        for the removal of an 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 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); or

   (c)  in the case of a direction under section 50AAA(3A)-

   (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 period
        is more than the minimum period set out in section 50AAB(3)(a) or (b)
        (whichever applies)- 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.