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SENTENCING ACT 1991 - SECT 126B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002

SENTENCING ACT 1991 - SECT 126B

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

S. 126B(1) substituted by No. 49/2004 s. 45(1).

    (1)     Subject to subsection (1A), on and from the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004 , section 89A 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 14 of the Road Safety (Alcohol Interlocks) Act 2002 .

S. 126B(1A) inserted by No. 49/2004 s. 45(2).

    (1A)     The application of section 89A to an offence continues as provided by subsection (1), as in force immediately before the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004 for the purposes of any application under section 89(2) for an order as to the issue of a driver licence made before that commencement.

S. 126B(1B) inserted by No. 49/2004 s. 45(2).

    (1B)     The amendment of section 80B(3) made by section 44 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 Part 9 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. 127 inserted by No. 10/2003 s. 14.