Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 50AAI

Cancellation of approval of alcohol interlock supplier

50AAI. Cancellation of approval of alcohol interlock supplier



(1) The Corporation may, by giving written notice to an approved alcohol
interlock supplier, cancel the supplier's approval under section 50AAE if the
Corporation is satisfied that it is appropriate to do so because the supplier-

   (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 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 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 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-

   (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 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).

(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 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 following-

   (i)  the day specified in the notice published under subsection (2)(a); or

   (ii) if the person is sent a notice under subsection (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.

(4) In subsections (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.

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 the supplier was approved.