MINIMUM DISQUALIFICATION PERIODS FOR COMBINED DRINK AND DRUG DRIVING OFFENCES
Column 1
Column 2
Column 3
Concentration of alcohol in blood in grams per 100 millilitres of blood
or in breath in grams per 210 litres of exhaled air
First offence
Subsequent offence
less than ·07
12 months
24 months
·07 or more but less than ·08
12 months
26 months
·08 or more but less than ·09
12 months
28 months
·09 or more but less than ·10
12 months
30 months
·10 or more but less than ·11
16 months
32 months
·11 or more but less than ·12
17 months
34 months
·12 or more but less than ·13
18 months
36 months
·13 or more but less than ·14
19 months
38 months
·14 or more but less than ·15
20 months
40 months
·15 or more but less than ·16
21 months
42 months
·16 or more but less than ·17
22 months
44 months
·17 or more but less than ·18
23 months
46 months
·18 or more but less than ·19
24 months
48 months
·19 or more but less than ·20
25 months
50 months
·20 or more but less than ·21
26 months
52 months
·21 or more but less than ·22
27 months
54 months
·22 or more but less than ·23
28 months
56 months
·23 or more but less than ·24
29 months
58 months
·24 or more
30 months
60 months
__________________".
__________________
PART 3—ALCOHOL INTERLOCKS
15 Appeal to Magistrates' Court
(1) After section 26(3) of the Principal Act
insert —
"(3A) The Magistrates' Court must cause
particulars of any decision made by it on an appeal under this section to be
sent immediately to the Corporation.".
(2) After section 26(4) of the Principal Act
insert —
"(5) An appeal does not lie to the Magistrates'
Court under this section against a decision of the Corporation—
(a) under section 31KA to grant a
person to whom that section applies a driver licence or learner permit subject
to an alcohol interlock condition; or
(b) under section 50AAAB not to
remove an alcohol interlock condition imposed by it on a driver licence or
learner permit.".
16 Licence eligibility orders
(1) For the heading to section 31A of the
Principal Act substitute —
" Certain disqualified persons require licence eligibility order before
applying for licence or permit ".
(2) At the foot of section 31A(1) of the Principal
Act insert —
" Note
Under section 28B it is an offence for a person disqualified from obtaining a
driver licence or learner permit to apply for, or obtain, one.".
(3) For section 31A(3) of the Principal Act and
the note at the foot of that section substitute —
"(3) This section does not apply to a person to
whom section 31KA applies.".
17 New section 31KA inserted
s. 17
After section 31K of the Principal Act insert —
" 31KA Administrative scheme for imposing alcohol
interlock condition
(1) A person to whom this section applies may make
an application to the Corporation for the grant of a driver licence or learner
permit without having had a licence eligibility order made in respect of him
or her by the Magistrates' Court.
(2) This section applies to a person who has been
convicted or found guilty, or who by force of section 89A(2) is taken to have
been convicted, of an offence under section 49(1)(b), (f) or (g) where—
(a) the concentration of
alcohol—
(i) in the
blood of that person was less than 0·10 grams per 100 millilitres of
blood; or
(ii) in the
breath of that person was less than 0·10 grams per 210 litres of exhaled
air—
as the case requires; and
(b) it was that person's first
offence; and
(c) the person has been disqualified
under section 50 or 89C from obtaining a driver licence or learner
permit in respect of the offence; and
(d) the person has ceased to be so
disqualified; and
(e) the person is not otherwise
required to apply to the Magistrates' Court for a licence eligibility order
before applying to the Corporation for the grant of a driver licence or
learner permit.
Example
A is convicted of an offence under section 49(1)(b) of this Act involving a
blood alcohol concentration of 0·08 grams per 100 millilitres of blood.
A's licence is cancelled and A is disqualified from obtaining a further one
for 6 months.
After 4 months A is convicted under section 16(b) of the Summary Offences Act
1966 of, while drunk, being in charge of a horse in a public place. The
Magistrates' Court, on convicting A of this subsequent offence, makes an order
under section 89A of the Sentencing Act 1991disqualifying A from obtaining a
driver licence for 3 months.
After ceasing to be disqualified A can only apply to the Corporation for the
grant of a driver licence after obtaining a licence eligibility order from the
Magistrates' Court. This is because the Summary Offences Act conviction means
that an application under section 31KA directly to the Corporation is
precluded. This is because A is "otherwise required" to apply for a licence
eligibility order as the Summary Offences Act conviction is not covered by the
administrative scheme.
(3) An application must—
(a) be in the form approved by the
Corporation; and
(b) be accompanied by the relevant
fee prescribed by the regulations for the grant of a driver licence or learner
permit.
(4) The Corporation, if satisfied that the
applicant is otherwise qualified to hold the licence or permit, may decide to
grant a person to whom this section applies a driver licence or learner permit
on the basis of the application made by him or her and any matters that appear
in records kept by the Corporation without conducting any hearing or
investigation into the matter.
(5) The Corporation may only grant under this
section a driver licence or learner permit that is subject to an alcohol
interlock condition.
(6) A person to whom a driver licence or learner
permit is granted under this section cannot apply under section 50AAAB for the
removal of the alcohol interlock condition imposed on his or her licence or
permit during the period of 6 months beginning on the first granting of the
licence or permit.
s. 17
(7) If the Corporation decides not to grant a
driver licence or learner permit to an applicant under this section, it must
give the applicant a written notice that states—
(a) the Corporation's decision; and
(b) the reasons for the decision;
and
(c) any action that the applicant
may consider taking.
(8) Action referred to in subsection (7)(c)
includes—
(a) that the applicant may apply to
the Magistrates' Court for a licence eligibility order if he or she is
entitled to then so apply; and
(b) if the only reason for the
refusal is that the applicant had not ceased to be disqualified
from obtaining a driver licence or learner permit, that the applicant may
re-apply to the Corporation when he or she has so ceased; and
(c) that the applicant may apply to
the Corporation under the regulations for an internal review of the decision.
(9) Section 50AAA(9) applies for the purposes of
this section in the same way and to the same extent as it applies for the
purposes of section 50AAA and Schedule 1B.".
18 Provisions about cancellation and
disqualification
(1) In section 50 of the Principal Act, for
subsections (1), (1A), (1AB) and (1AC) substitute —
"(1) In this section—
sub 05 offence means an offence under section 49(1)(b), (f) or (g) by a person
where the concentration of alcohol—
(a) in his or her blood was less
than 0·05 grams per 100 millilitres of blood; or
(b) in his or her breath was less
than 0·05 grams per 210 litres of exhaled air;
sub 07 offence means an offence under section 49(1)(b), (f) or (g) by a person
where the concentration of alcohol—
(a) in his or her blood was
0·05 or more, but less than 0·07, grams per 100 millilitres of
blood; or
(b) in his or her breath was
0·05 or more, but less than 0·07, grams per 210 litres of
exhaled air.
(1A) Subject to subsections (1AB) and (1AC), on
convicting or finding a person guilty of an offence under section 49(1)(b),
(f) or (g), the court must, if the offender holds a driver licence or learner
permit, cancel that licence or permit and, whether or not the offender holds a
driver licence or learner permit, disqualify the offender from obtaining one
for such time as the court thinks fit, not being less than—
(a) for a first offence—
(i) in the case
of a sub 05 offence by a person who does not hold a full driver licence or a
corresponding licence issued in another State or a Territory of the
Commonwealth or another country, 3 months; and
(ii) in any
other case, the period specified in Column 2 of Schedule 1 ascertained by
reference to the concentration of alcohol in the blood or breath of the
offender as specified in Column 1 of that Schedule; and
(b) for a subsequent offence by any
person, the period specified in Column 3 of Schedule 1 ascertained by
reference to the concentration of alcohol in the blood or breath of the
offender as specified in Column 1 of that Schedule.
(1AB) A court that convicts or finds a person
guilty of a sub 05 offence may, if the offender holds a driver licence or
learner permit, cancel that licence or permit and, whether or not the offender
holds a driver licence or learner permit, may disqualify him or her from
obtaining one for such time as the court thinks fit, not being more than 6
months, if—
(a) the offence is a first offence
under section 49(1)(b), (f) or (g); and
(b) at the time the offence was
committed the person was the holder of a full driver licence or a
corresponding driver licence issued in another State or a Territory of the
Commonwealth or another country.
(1AC) A court that finds a person guilty of a sub
07 offence but does not record a conviction may, if the offender holds a
driver licence or learner permit, cancel that licence or permit and, whether
or not the offender holds a driver licence or learner permit, may disqualify
him or her from obtaining one for such time as the court thinks fit, not being
less than 6 months, if—
(a) the offence is a first offence
under section 49(1)(b), (f) or (g); and
(b) at the time the offence was
committed, the person—
(i) was the
holder of a full driver licence or a corresponding driver licence issued in
another State or a Territory of the Commonwealth or another country; and
(ii) was not
under the age of 26 years; and
(iii) was not a
person to whom section 52 applied or was a person to whom section 52
applied but only because of subsection (1A), (1C), (1D) or (1E) of that
section.".
(2) For the note at the foot of section 50 of the
Principal Act substitute —
" Notes
1 Unless section 31KA applies to him or her, a person
disqualified under this section needs to obtain a licence eligibility order
from the Magistrates' Court before he or she can apply to the Corporation for
the grant of a driver licence or learner permit: see section 31A.
2 See section 50AAA and Schedule 1B in relation to the giving of
an alcohol interlock condition direction when a person disqualified under this
section from obtaining a driver licence or learner permit applies to the
Magistrates' Court for a licence eligibility order.".
19 New sections 50AAAB to 50AAAD
inserted
After section 50AAA of the Principal Act insert —
" 50AAAB Administrative scheme for removal of alcohol
interlock condition
(1) A person to whom this section applies may make
an application to the Corporation for the removal of an alcohol interlock
condition imposed on his or her driver licence or learner permit by the
Corporation under section 31KA.
(2) This section applies to a person who—
(a) holds a driver licence or
learner permit granted under section 31KA that—
(i) is subject
to an alcohol interlock condition imposed under that section; and
(ii) is not
subject to an alcohol interlock condition imposed because of an alcohol
interlock condition direction given to the Corporation by the Magistrates'
Court; and
(b) is not prevented from applying
under this section by section 31KA(6); and
(c) can supply, or cause to be
supplied, a report that complies with subsection (3).
(3) A report referred to in subsection (2)(c)
must—
(a) contain data that indicates
compliance with any prescribed alcohol interlock usage data requirements
(other than any specified under item 57AA(f) of Schedule 2) during a period
that ends with the most recent data and extends back long enough to show at
least 6 months' data collected over a continuous period or, if the regulations
so permit, a non-continuous period of a kind specified in the regulations; and
(b) be prepared by each approved
alcohol interlock supplier who maintained, or authorised a person or body to
maintain, the approved alcohol interlock during the period covered by the
report; and
(c) be prepared in accordance with
the regulations.
(4) An application must—
(a) be in the form approved by the
Corporation; and
(b) be accompanied by—
(i) the
prescribed application fee (if any); and
(ii) the report
referred to in subsection (2)(c) or a statement that the report is to be sent
directly to the Corporation by the approved alcohol interlock supplier; and
(iii) any other
things that are prescribed.
(5) The Corporation may decide to remove an
alcohol interlock condition on the basis of the report that accompanied, or is
referred to in, the application and any matters that appear in records kept by
the Corporation without conducting any hearing or investigation into the
matter.
s. 19
(6) In calculating for the purposes of subsection
(2)(b) whether the 6 month period referred to in section 31KA(6) has elapsed,
the Corporation must not count—
(a) any period during which the
driver licence or learner permit is suspended; or
(b) any period during which the
applicant did not hold a driver licence or learner permit.
(7) If the Corporation decides not to remove an
alcohol interlock condition on an application under this section, it must give
the applicant a written notice that states—
(a) the Corporation's decision; and
(b) the reasons for the decision;
and
(c) any action that the applicant
may consider taking.
(8) Action referred to in subsection (7)(c)
includes—
(a) that the applicant may apply to
the Magistrates' Court for an alcohol interlock condition removal order if he
or she is entitled to then so apply; and
(b) if the only reason for the
refusal is that the period referred to in section 31KA(6), when calculated in
accordance with subsection (6) of this section, has not elapsed or that the
application does not show at least 6 months' data on the usage by the
applicant of the approved alcohol interlock, that the applicant may re-apply
to the Corporation when that period has elapsed or at least 6 months' data can
be shown, as the case requires; and
(c) that if a reason for the refusal
is the one specified in section 50AAAC(2), that the applicant may apply to the
Magistrates' Court under section 50AAAC for a direction under that
section; and
(d) that the applicant may apply to
the Corporation under the regulations for an internal review of the decision.
50AAAC Application to Magistrates'
Court for direction
(1) This section applies to a person in respect of
whom the Corporation has decided not to remove an alcohol interlock condition
on an application made by him or her under section 50AAAB for the reason
specified in subsection (2), irrespective of whether there was any other
reason.
(2) The reason is that—
(a) data on the usage of an approved
alcohol interlock indicates an attempt to start a motor vehicle that failed
because the alcohol interlock prevented the motor vehicle from being started
as a result of it detecting alcohol; and
(b) under the regulations the person
is taken to have been responsible for that attempt; and
(c) accordingly that attempt itself
was sufficient for there not to be compliance with any prescribed alcohol
interlock usage data requirements.
(3) Subject to subsection (4), the person may
apply to the Magistrates' Court for a direction to the Corporation that the
applicant was not responsible for the failed attempt referred to in subsection
(2).
(4) An application to the Magistrates' Court under
this section—
(a) may be made on giving 28 days
written notice of the application and of the venue of the Court at which it is
to be heard to—
(i) the Chief
Commissioner of Police; and
(ii) the
registrar at that venue of the Court; and
(b) must be accompanied by data
obtained from the approved alcohol interlock relating to the failed attempt
that provides evidence (whether photographic or otherwise) as to the identity
of the person who made the attempt.
(5) The Magistrates' Court must not deal with, or
determine, an application under this section unless it is satisfied that the
period referred to in section 31KA(6), when calculated in accordance with
section 50AAAB(6), has elapsed.
(6) On an application under this section the
Magistrates' Court—
(a) must hear any relevant evidence
tendered by the applicant or the Chief Commissioner of Police; and
(b) may direct the Corporation to
treat the applicant as not having been responsible for the failed attempt or
refuse to give such a direction.
(7) The Magistrates' Court must cause particulars
of any decision made by it on an application under this section to be sent
immediately to the Corporation.
(8) The decision of the Magistrates' Court on an
application under this section is final and conclusive and must be given
effect to by the Corporation.
(9) Neither an application under this section nor
the decision of the Magistrates' Court on the application operates as a stay
of the alcohol interlock condition.
50AAAD Exemption from, or removal
of, alcohol interlock condition on medical grounds
(1) In this section—
"recognised speciality" has the same meaning as in the Health Practitioner
Regulation National Law (Victoria);
"specialist health practitioner" has the same meaning as in the Health
Practitioner Regulation National Law (Victoria).
(2) The Corporation, in the circumstances set out
in subsection (3), may—
(a) exempt a person from any
requirement imposed by a court or this Act that a driver licence or learner
permit may only be granted by it to that person subject to an alcohol
interlock condition; or
(b) at any time remove an alcohol
interlock condition imposed by it on a person's driver licence or learner
permit, whether under section 31KA or because of an alcohol interlock
condition direction given by the Magistrates' Court.
(3) The circumstances are that the holder of the
licence or permit has made an application to the Corporation—
(a) in the form approved by the
Corporation; and
(b) accompanied by a report from a
specialist health practitioner in an appropriate recognised speciality setting
out details of any medical condition of the applicant relevant to the use of
an approved alcohol interlock together with particulars of the applicant's
lung capacity; and
(c) accompanied by any other things
that are prescribed; and
(d) that otherwise complies with the
regulations.
(4) The Corporation may only act under subsection
(2) if satisfied, on the basis of a report referred to in subsection (3)(b),
that the person's medical condition is such as to prevent him or her being
able to use an alcohol interlock.
(5) Despite an exemption from, or removal of, an
alcohol interlock condition granted by the Corporation under this section,
section 52 continues to apply to the person during the minimum period during
which that section otherwise would have applied had the exemption or removal
not been granted.
(6) Nothing in this section prevents the
Corporation from requiring the applicant to undergo a test under section 27 to
determine whether he or she is unfit to drive motor vehicles or a category of
motor vehicles.
(7) This section has effect despite anything to
the contrary in this Part.".
20 Court removal of alcohol
interlock condition
(1) For the heading to section 50AAB of the
Principal Act substitute —
" Alcohol interlock condition removal order ".
(2) Before section 50AAB(4) of the Principal Act
insert —
"(1) This section does not apply to a person to
whom section 50AAAB applies.".
(3) In section 50AAB(4B)(b) of the Principal Act,
after "person" insert "(including, in the case of an alcohol interlock
condition imposed by the Corporation under section 31KA, the period referred
to in section 31KA(6))".
(4) In section 50AAB(4C) of the Principal
Act—
(a) after "direction" insert ", or
(in the case of an alcohol interlock condition imposed by the Corporation
under section 31KA) the period referred to in section 31KA(6),"; and
(b) for "may decide not to count"
substitute "must not count".
(5) In the example at the foot of section
50AAB(4C) of the Principal Act—
(a) for "may decide not to count"
substitute "must not count"; and
(b) for "If it does that,"
substitute "Therefore".
(6) In section 50AAB(5)(a) of the Principal Act,
omit ", but at least 6 months,".
(7) After section 50AAB(5)(a) of the Principal Act
insert —
"(ab) contains data that indicates compliance with
any prescribed alcohol interlock usage data requirements (other than any
specified under item 57AA(f) of Schedule 2) during a period that ends with the
most recent data and extends back long enough to show at least 6 months'
data collected over a continuous period or, if the regulations so permit, a
non-continuous period of a kind specified in the regulations; and".
(8) In section 50AAB(5)(b)(i) of the Principal
Act, for "that period" substitute "the period referred to in paragraph (a)".
(9) After section 50AAB(6)(a) of the Principal Act
insert —
"(ab) the court must consider whether any
prescribed alcohol interlock usage data requirements are satisfied and for
that purpose may give a direction under section 50AAAC on an application made
under that section or, if one has previously been given, must take that
direction into account; and".
(10) After section 50AAB(6)(b)(i) of
the Principal Act insert —
"(ia) whether the person was responsible for any
attempt in the whole period since the condition was imposed to start a motor
vehicle that failed because an alcohol interlock prevented the motor vehicle
from being started as a result of it detecting alcohol and, if so, the number
of such attempts; and".
21 Effect of alcohol interlock
condition removal order
In section 50AACA(1) of the Principal Act—
(a) after "the person" insert
"(including any imposed by the Corporation under section 31KA)"; and
(b) after "removal order" (where
secondly occurring) insert ", or decision by the Corporation under section
50AAAB to remove it,".
22 Offences and immobilisation
orders
(1) After section 50AAD(3)(a)(i) of the Principal
Act insert —
"(ia) that ceased to be approved before it was
installed because of a variation under section 50AAH of the approval of
that type of alcohol interlock; or".
(2) After section 50AAD(3) of the Principal Act
insert —
"(3A) To avoid doubt, a type of
alcohol interlock, or a version of a type of alcohol interlock, the approval
of which is limited to a specified type of motor vehicle is not an approved
alcohol interlock in relation to any other type of motor vehicle.".
23 Approval of types of alcohol
interlocks and alcohol interlock suppliers
(1) After section 50AAE(2) of the Principal Act
insert —
"(2A) To avoid doubt, the Corporation may refuse
to consider an application that does not comply with subsection (2).".
(2) After section 50AAE(3)(b)(iii) of the
Principal Act insert —
"(iiia) its capacity, when installed in a motor
vehicle other than a motor cycle or motor trike, to record information about
the identity of a person starting or attempting to start the motor vehicle,
whether that information is obtained by the use of a camera or other means;
and".
(3) After section 50AAE(3) of the Principal Act
insert —
"(3A) The approval of a type of alcohol interlock
may be given in relation to all motor vehicles or only in
relation to a specified type of motor vehicle.
(3B) If the application for approval relates to
more than one version of the same type of alcohol interlock—
(a) the Corporation may approve all
the versions or only a specified version or specified versions; and
(b) the approval of any specified
version may be given in relation to all motor vehicles or only in relation to
a specified type of motor vehicle.".
24 Conditions on approvals
s. 24
(1) In section 50AAF(2)(a) of the Principal Act,
after "50AAG(1)(b)(ii)" insert ", (ba)".
(2) Before section 50AAF(2A)(a) of the Principal
Act insert —
"(aa) to explain the following to any person to
whom an approved alcohol interlock is supplied—
(i) how to
operate the alcohol interlock;
(ii) the terms
and conditions on which the alcohol interlock is supplied;
(iii) any
prescribed alcohol interlock usage data requirements;
(iv) the
consequences of the alcohol interlock not being maintained;
(v) the
consequences of the person failing to pay a cost recovery fee payable under
section 50AAKA; or".
(3) After section 50AAF(2A)(a) of the Principal
Act insert —
"(ab) not to maintain, or engage or allow a person
or body authorised by the supplier to maintain, an approved alcohol interlock
in specified circumstances where a person subject to an alcohol interlock
condition has failed to pay a cost recovery fee payable under section 50AAKA;
or".
(4) In section 50AAF(2A)(b) of the Principal
Act—
s. 24
(a) for "agent" substitute "person
or body";
(b) for "period." substitute "or an
unlimited period or until the happening of a specified event; or".
(5) After section 50AAF(2A)(b) of the Principal
Act insert —
"(c) to issue a receipt in a form approved by the
Corporation for any payment made to the supplier of a cost recovery fee
payable under section 50AAKA; or
(d) to keep records of a specified
kind for a specified period; or
(e) to report to the Corporation
matters of a specified kind in a specified manner and within a specified time;
or
(f) to comply with specified
information privacy or access requirements; or
(g) to permit a person authorised in
writing by the Corporation—
(i) to enter
and inspect any premises at which—
(A) the supplier carries on the business of
supplying, installing or maintaining approved alcohol interlocks; or
(B) a person or body authorised by the supplier to
install or maintain approved alcohol interlocks carries on the business of
installing or maintaining them; or
(ii) to examine
any equipment found there that is used in connection with that business; or
(iii) to
monitor any work or other activities being carried out there, including any
training or explanation given to any person to whom an approved alcohol
interlock is supplied; or
(iv) to inspect
or copy any document located there that relates to that business; or
(h) to provide approved alcohol
interlocks to the Corporation for validation and testing, as required by the
Corporation; or
(i) to obtain
insurance of a specified kind; or
(j) to make any records referred to
in section 50AAG(1)(ba) (whether held by the supplier or a person or body
authorised by the supplier to install or maintain approved alcohol interlocks)
available for inspection by the Corporation at the premises of the supplier or
the authorised person or body, or provide copies of them (including in
electronic format) to the Corporation, as required by the Corporation by a
notice sent to the supplier; or
(k) to avoid conflicts of interest
in the conduct of the business of supplying, installing or maintaining
approved alcohol interlocks.".
25 Guidelines
After section 50AAG(1)(b) of the Principal Act insert —
"(ba) the records to be kept by alcohol interlock
suppliers relating to the collection of cost recovery fees payable under
section 50AAKA and their payment to the Corporation;".
26 Cancellation of approval of types
of alcohol interlocks
(1) In the heading to section 50AAH of the
Principal Act, after " Cancellation " insert " or variation ".
(2) In section 50AAH(1) of the Principal Act,
after "a type of alcohol interlock" insert ", or of a version of a type
of alcohol interlock,".
(3) In section 50AAH(1)(a) of the Principal Act,
after "interlock" insert ", or the version of the type of alcohol interlock,".
(4) After section 50AAH(1)(a) of the Principal Act
insert —
"(ab) the type of alcohol interlock, or the
version of the type of alcohol interlock, cannot be modified so as to render
it capable of recording, in a way that is satisfactory to the Corporation, the
identity of a person starting or attempting to start the motor vehicle,
whether by the use of a camera or other means; or".
(5) In section 50AAH(1)(b) of the Principal
Act—
(a) after "interlock" insert ", or
the version of the type of alcohol interlock,";
(b) after "interlocks" insert "or
one or more other versions of that type of alcohol interlock or one or more
versions of other types of alcohol interlocks".
(6) After section 50AAH(1) of the Principal Act
insert —
"(1A) The Corporation may vary the approval under
section 50AAE of a type of alcohol interlock, or a version of a type of
alcohol interlock, by providing that, on and from a specified date, the
approval has effect—
(a) only in relation to a specified
type of motor vehicle; or
(b) in relation to a specified type
of motor vehicle only if the alcohol interlock is modified, in a manner
specified by the Corporation, so as to render it capable of recording, in a
way that is satisfactory to the Corporation, the identity of a person starting
or attempting to start the motor vehicle, whether by the use of a camera or
other means; or
(c) in relation to all motor
vehicles only if modified as set out in paragraph (b).
(1B) To avoid doubt, the Corporation may act under
both paragraphs (a) and (b) of subsection (1A) in respect of the same type of
alcohol interlock or the same version of a type of alcohol interlock.".
(7) In section 50AAH(2) of the Principal Act,
after "a type of alcohol interlock" insert ", or of a version of a type
of alcohol interlock,".
(8) In section 50AAH(2)(a) and (b) of the
Principal Act, after "type of alcohol interlock" insert "or the version of the
type of alcohol interlock".
(9) In section 50AAH(2)(c) of the Principal Act,
after "type of alcohol interlock" insert "or that version of that type of
alcohol interlock".
(10) In section 50AAH(3) of the Principal
Act—
s. 26
(a) after "a type of alcohol
interlock" insert
", or of a version of a type of alcohol interlock,"; and
(b) after "with that alcohol
interlock" insert
"or that version of that alcohol interlock".
(11) In section 50AAH(4) of the Principal
Act—
(a) after "a type of alcohol
interlock" insert
"or of a version of a type of alcohol interlock"; and
(b) for "subsection (1)(b)"
substitute "subsection (1)(ab) or (b)".
(12) In section 50AAH(4)(b) of the Principal Act,
after "type" insert "or version".
(13) Before the note at the foot of section 50AAH
of the Principal Act insert —
"(5) If the Corporation varies the approval of a
type of alcohol interlock or of a version of a type of alcohol interlock under
subsection (1A)—
(a) the Corporation must send a
notice to each approved alcohol interlock supplier stating that the approval
is varied with effect from a specified day; and
(b) an alcohol interlock of that
type or version that was installed in a motor vehicle before the specified day
is taken to continue to be approved, despite the variation, for the purposes
of this Act.".
(14) In the note at the foot of section 50AAH of
the Principal Act, after "cancelled" insert "or varied".
27 Cancellation or suspension of
approval of alcohol interlock supplier
After section 50AAI(1)(a) of the Principal Act insert —
"(ab) has failed to collect, or pay to the
Corporation, a cost recovery fee as required by section 50AAKA or the
regulations made for the purposes of that section; or".
28 Review by Tribunal
(1) In section 50AAJ(1)(b) of the Principal Act,
after "cancel" insert ", vary".
(2) After section 50AAJ(1) of the Principal Act
insert —
"(1A) A decision of the Corporation under section
50AAE to refuse to consider an application that does not comply with
subsection (2) of that section is not a decision to refuse to give an approval
for the purposes of this section.".
(3) In section 50AAJ(2)(c) of the Principal Act,
after "50AAH(4)," insert "50AAH(5),".
29 New section 50AAKA inserted
s. 29
After section 50AAK of the Principal Act insert —
" 50AAKA Cost recovery fees
(1) The regulations may provide for the payment of
cost recovery fees by persons who have an approved alcohol interlock installed
in a motor vehicle because their driver licence or learner permit is subject
to an alcohol interlock condition.
(2) The purpose of imposing cost recovery fees is
to recoup the overall costs incurred by the Corporation in—
(a) establishing a process within
the alcohol interlock scheme established by this Part for the exercise by it
of the functions conferred on it by the Road Safety Amendment Act 2014
of—
(i) imposing
and removing alcohol interlock conditions; and
(ii) exempting
persons on medical grounds from a requirement that any driver licence or
learner permit granted to them must be subject to an alcohol interlock
condition; and
(b) generally managing and operating
the scheme as a whole.
(3) The regulations may prescribe—
(a) when a cost recovery fee is
payable; and
(b) the amount of that fee or how it
may be calculated; and
(c) how a cost recovery fee may be
paid to the Corporation; and
(d) a procedure for the payment of
cost recovery fees to, or their collection by, approved alcohol interlock
suppliers or other persons and requirements as to when and how those fees are
to be paid to the Corporation by such suppliers or other persons; and
(e) concessional rates of a cost
recovery fee for specified classes of persons liable to pay a cost recovery
fee.
(4) Without limiting subsection (3)(a), the
regulations may provide that a cost recovery fee is payable—
(a) on an approved alcohol interlock
being installed in a motor vehicle; or
(b) in respect of any month or other
period during which an approved alcohol interlock is installed in a motor
vehicle; or
(c) on an approved alcohol interlock
being removed from a motor vehicle; or
(d) in more than one, or in all, of
those circumstances.
(5) Unless the regulations otherwise provide, a
cost recovery fee is to be collected on behalf of the
Corporation by the approved alcohol interlock supplier who maintains, or
authorises a person or body to maintain, the alcohol interlock.
(6) A cost recovery fee is payable irrespective
of—
(a) when the alcohol interlock
condition was imposed on the driver licence or learner permit of the person,
including whether it was imposed or directed to be imposed before, on or after
the commencement of section 29 of the Road Safety Amendment Act 2014 ; and
(b) whether it was imposed under
section 31KA or because of an alcohol interlock condition direction given
by the Magistrates' Court.
(7) Nothing in subsection (5) prevents an approved
alcohol interlock supplier collecting a cost recovery fee by their agent or
other person specified by the Corporation.
(8) Despite anything in section 97, all cost
recovery fees received by the Corporation must be paid by the Corporation into
its general fund.
(9) Nothing in this section limits section 97A.".
30 Previous convictions
s. 30
In the Table in section 50AA of the Principal Act, after the entry relating to
sections 31A and 31E insert —
"Section 31KA
The making of an application under that section".
31 Zero blood or breath alcohol
In section 52(1B) of the Principal Act, for paragraphs (a) and (b) substitute
—
"(a) the person had been disqualified from
obtaining a driver licence or learner permit under section 50 or 89C or, by
force of section 3AD, was taken to be so disqualified under section 89C and
the licence or permit was issued to the person following the disqualification;
or
(b) the person had been disqualified
from obtaining a driver licence or learner permit under section 89 of the
Sentencing Act 1991or, by force of section 3AD of this Act, was taken to be
so disqualified under that section 89 and the licence or permit had been
issued only because of the making by the Magistrates' Court of a licence
eligibility order.".
32 Cancellation of licence or permit
for drink-driving infringements
(1) After the note at the foot of section 89C(1)
of the Principal Act insert —
"(1A) Subsection (2) applies if a traffic
infringement notice is issued in respect of a drink-driving infringement to a
person who does not hold a full driver licence or a corresponding licence
issued in another State or a Territory of the Commonwealth or another country
and—
(a) the blood or breath alcohol
concentration specified in the notice is less than 0·05 grams per
100 millilitres of blood or 210 litres of exhaled air (as the case
requires); and
(b) no notice of objection to the
infringement notice has been given and the 28 day period has expired.
(2) Any probationary driver licence or learner
permit held by the person is cancelled and, whether or not the person holds
such a licence or permit, he or she is disqualified for 3 months from
obtaining a driver licence or learner permit under this Act.".
(2) In section 89C(3A) of the Principal Act, after
"this Act" insert "of a kind corresponding to the licence or permit held by
him or her".
(3) In section 89C(4) of the Principal Act, after
"(1)" insert "or (2)".
(4) Before section 89C(8)(a) of the Principal Act
insert —
"(aa) less than 0·05 grams per 100
millilitres of blood or 210 litres of exhaled air (as the case requires), if
subsection (2) applies to the person; or".
33 Assessment report requirement
In Schedule 1A to the Principal Act—
(a) in column 3 of item 9, after
"2001" insert "but before 1 October 2014";
(b) in column 3 of item 10, after
"2004" insert "but before 1 October 2014".
34 Alcohol interlock requirement
In Schedule 1B to the Principal Act—
(a) in column 2 of item 14, after
"2007" insert "but before 1 October 2014";
(b) after item 14 insert —
"14A
Offence under section 49(1)(b), (f) or (g) which was a first offence and
the level of concentration of alcohol in the blood was less than
0·15 grams per 100 millilitres of blood or in the breath
was less than 0·15 grams per 210 litres of exhaled air
On or after 1 October 2014
Mandatory
6 months";
(c) in column 2 of item 16, after
"2002" insert "but before 1 October 2014";
(d) after item 16 insert —
"16A
An offence referred to in section 89(1) of the Sentencing Act 1991 which was
a first offence if the court made a finding that the offence was committed
while the person was under the influence of alcohol, or both alcohol and a
drug, which contributed to the offence
On or after 1 October 2014
Mandatory
6 months".
35 Subject-matter for regulations
After item 57 in Schedule 2 to the Principal Act insert —
" Alcohol interlock usage data requirements
57AA. Requirements to be complied with in relation
to an approved alcohol interlock including requirements—
(a) as to the period during which
the alcohol interlock is to be installed in a motor vehicle; and
(b) as to the extent to which the
alcohol interlock is to be used; and
(c) relating to attempts to start a
motor vehicle in which the alcohol interlock is installed that fail because
the alcohol interlock detects alcohol; and
(d) as to the alcohol interlock not
being tampered with; and
(e) as to the payment of cost
recovery fees when due for payment; and
(f) as to the alcohol interlock only
being used by a person holding a driver licence or learner permit.".
36 Minor amendments
s. 36
(1) In section 3(1) of the Principal Act insert
the following definitions—
""cost recovery fee" means a fee referred to in section 50AAKA;
"motor trike" means a 3-wheeled motor vehicle but does not include—
(a) a motor cycle with a sidecar
attached; or
(b) a motor vehicle with 3 wheels
that has a body type similar to that commonly found on a motor vehicle with
4 wheels;
"prescribed alcohol interlock usage data requirements" means requirements
specified by regulations made under item 57AA of Schedule 2;".
(2) In the penalty at the foot of section 19(7A)
and (8) of the Principal Act, after "Penalty" insert "applying to this
subsection".
(3) In section 50AAJ(2)(c) of the Principal
Act—
(a) for "50AAE(7)" substitute
"50AAE(8)"; and
(b) for ", 50AAI(1) or 50AAI(2)"
substitute
"or 50AAI(1)".
(4) In column 1 of the Table in section 50AA of
the Principal Act, after "Section 50A(1)" insert
"and (1A)".
(5) In section 59(3) of the Principal Act, after
"a driver licence" insert "or learner permit".
37 Amendments consequential on this
Part
(1) In the definition of approved alcohol
interlock in section 3(1) of the Principal Act, after "50AAE(3)" insert "and,
if that approval is varied under section 50AAH(1A), as so varied".
(2) In paragraph (b) of the definition of
drink-driving infringement in section 3(1) of the Principal Act, for
"subsection (1), (1A), (1AB), (1B) or (1E)" substitute "subsection (1A), (1AB)
or (1AC)".
(3) In the definition of drug-driving infringement
in section 3(1) of the Principal Act, for "(1), (1A), (1AB), (1B) or (1E)"
substitute "(1E)".
(4) For section 18(3)(b) of the Principal Act
substitute —
"(b) that—
(i) the
Magistrates' Court would have had power to give an alcohol interlock condition
direction had the person applied for a licence eligibility order or, having
applied for such an order, had the Court not refused to make it; or
(ii) the
Corporation would have had power to grant a driver licence or learner permit
under section 31KA that is subject to an alcohol interlock condition had the
person applied for a licence or permit under that section or, having applied
under that section, had the Corporation not refused to grant it—".
(5) After section 19(7) of the Principal Act
insert —
"(7AA) A person who, having been disqualified from
obtaining a driver licence or learner permit under section 50 or 89C
in respect of an offence covered by section 31KA(2)(a) and (b), holds a
driver licence or learner permit granted by the Corporation under
section 31KA must have the licence or permit in his or her possession
while driving or in charge of a motor vehicle at any time while an alcohol
interlock condition applies to the licence or permit.
Penalty applying to this subsection: 5 penalty units.".
(6) For section 31I(2) of the Principal Act
substitute —
"(2) In subsection (1)—
"relevant disqualification" means a disqualification following the ending of
which a person may only be granted a driver licence or learner permit by
obtaining a licence eligibility order including a disqualification following
the ending of which an application could have been made to the Corporation
under section 31KA had the person not been otherwise required to obtain a
licence eligibility order.
Note
See section 31KA(2)(e).".
(7) In section 31L of the Principal Act, for "31K"
substitute "31KA".
(8) In column 1 of the Table in section 50AA of
the Principal Act, for the first entry substitute "Sections 50(1A), (1AB),
(1AC), (1B), (1C), (1D), (1DA) and (1E) and 51(1)".
(9) In section 59(3) of the Principal Act, after
"licence eligibility order" insert "or by the Corporation under
section 31KA".
s. 37
__________________
PART 4—MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT
Division 1—Vehicle impoundment, immobilisation and forfeiture
38 Definitions
s. 38
(1) In section 84C(1) of the Principal Act,
paragraph (c) of the definition of tier 1 relevant offence is repealed .
(2) In section 84C(1) of the Principal Act, after
paragraph (d) of the definition of tier 1 relevant offence insert —
"(da) a second or subsequent offence against
section 49(1)(bc) or (j) in circumstances where the concentration of
alcohol—
(i) present in
the blood of the person was less than 0·10 grams per 100 millilitres
of blood; or
(ii) present in
the breath of the person was less than 0·10 grams per 210 litres of
exhaled air;
(db) an offence against section
49(1)(bc) or (j) committed by a person who has at any time (whether before, on
or after the commencement of Division 1 of Part 4 of the Road Safety Amendment
Act 2014 ) been convicted, or found guilty, of an offence against section
49(1)(bb), (h) or (i) in circumstances where the concentration of
alcohol—
(i) present in
the blood of the person was less than 0·10 grams per 100 millilitres
of blood; or
(ii) present in
the breath of the person was less than 0·10 grams per 210 litres of
exhaled air;
(dc) an offence against section
49(1)(bb), (h) or (i) committed by a person who has at any time been
convicted, or found guilty, of an offence against section 49(1)(bc) or (j) in
circumstances where the concentration of alcohol—
(i) present in
the blood of the person was less than 0·10 grams per 100 millilitres
of blood; or
(ii) present in
the breath of the person was less than 0·10 grams per 210 litres of
exhaled air;".
(3) In section 84C(1) of the Principal Act, in the
definition of tier 2 relevant offence , before paragraph (a) insert —
"(aa) an offence against section 49(1)(b), (bc),
(f), (g) or (j) in circumstances where the concentration of alcohol—
(i) present in
the blood of the person was 0·10 grams or more per 100 millilitres
of blood; or
(ii) present in
the breath of the person was 0·10 grams or more per 210 litres of
exhaled air;".
39 Meaning of second or subsequent
offence
In section 84E(1) of the Principal Act, in the definition of "commencement
day"—
(a) in paragraph (a), after
"paragraph (b)" insert "or (c)";
(b) in paragraph (b) for " 2005 ."
substitute " 2005 ;";
(c) after paragraph (b) insert
—
"(c) in relation to an offence against section
49(1)(bc) or (j), the commencement of Division 1 of Part 4 of the Road Safety
Amendment Act 2014 .".
40 Surrender of motor vehicle
s. 40
(1) In section 84H(2)(a)(ia)(A) of the Principal
Act, for "(g) or (i)" substitute "(bc), (g), (i) or (j)".
(2) In section 84H(2)(a)(ia)(B) of the Principal
Act, for "or (h)" substitute ", (bc), (h) or (j)".
41 Powers of persons authorised by
Victoria Police
In section 84J(g) of the Principal Act, omit "at a time directed by a member
of the police force".
42 Appeal rights
After section 84O(2) of the Principal Act insert —
"(2A) An applicant under subsection (1) must give
7 days written notice of the application and of the venue of the
Magistrates' Court at which it is to be heard to the Chief Commissioner of
Police.
(2B) A notice under subsection (2A) must state the
grounds for the claim of exceptional hardship.
(2C) The Magistrates' Court must not deal with, or
determine, an application under subsection (1) unless it is satisfied that the
applicant has complied with the requirements of subsections (2A)
and (2B).".
43 Voluntary abandonment of motor
vehicle
(1) In section 84ZQAB(1)(c) and (3) of the
Principal Act, after "subsection (2)" insert "or (2A)".
(2) After section 84ZQAB(2) of the Principal Act
insert —
"(2A) A motor vehicle is also deemed to be
abandoned if—
(a) its sole owner has served a
notice of abandonment of the motor vehicle on the Chief Commissioner of
Police; and
(b) 7 days have elapsed since the
service of the notice.
Note
See section 93 for how a notice may be served.
(2B) A notice of abandonment under subsection (2A)
must be in the form approved by the Chief Commissioner of Police and include
information that identifies the motor vehicle, including its registration
number (if applicable).".
(3) In section 84ZQAC(1) of the Principal Act, for
"section 84ZQAB" substitute "section 84ZQAB(2)".
(4) In section 84ZQAD(1) of the Principal Act, for
"of an intention to deem a motor vehicle to be abandoned" substitute "under
section 84ZQAC(1) of an intention to deem a motor vehicle to be abandoned
under section 84ZQAB(2)".
Division 2—Motor cycle licence
44 Mandatory carriage of driver
licence by certain motor cycle riders
After section 19(7A) of the Principal Act insert —
"(7B) A person who, having been issued with a
driver licence which authorises him or her to drive a motor cycle must, during
the period of 3 years from that issue (or if that licence is suspended,
whether by a court or the Corporation, during that 3 year period, during an
additional period equal to the period of the suspension) have the licence in
his or her possession at all times while driving or in charge of a motor
cycle.
Penalty applying to this subsection: 5 penalty units.".
45 Zero blood or breath alcohol
In section 52(1E), (1F)(b) and (1G) of the Principal Act, for "1 year"
substitute "3 years".
46 Production of motor cycle licence
document
In section 59(3) of the Principal Act, after "applies" insert "or who is
driving or in charge of a motor cycle during the period of 3 years from
the issue of a driver licence which authorises him or her to drive a motor
cycle (or if that licence is suspended, whether by a court or the
Corporation, during that 3 year period, during an additional period equal
to the period of the suspension)".
Division 3—Recovery of costs
47 Removal of vehicles obstructing
driveways etc.
In section 63A(4) of the Principal Act, for "the owner" substitute "the
registered operator, or an owner,".
(1) In section 38X(1)(f) of the
Rail Management Act 1996, omit ", being a date that is not less than
3 years, and not more than 5 years, after the date on which the access
arrangement may be approved by the Commission under this Part in a final
decision".
" 82BA Circumstances in which weekly
payments are reduced because of combined drink and drug driving offence
(1) This section applies if—
(a) a worker's incapacity for work
results from, or is materially contributed to by, an injury that—
(i) entitles
the worker to compensation in the form of weekly payments; and
(ii) was caused
by a transport accident involving a motor vehicle of which the worker was the
driver at the time of the accident; and
(b) in respect of such driving, the
worker is convicted or found guilty of an offence under section 49(1)(bc)
or (j) of the Road Safety Act 1986or under a law of another State or of
a Territory that is declared to be a corresponding law under section 47A(2) of
the Road Safety Act 1986 .
(2) Compensation in the form of weekly payments
under this Part is reduced for a period of 130 weeks (whether or not
consecutive) from the date on which notice of the reduction was given to the
worker under section 114(10) by—
(a) in any case, one third; and
(b) if the level of alcohol in the
worker's blood was not less than 0·12 grams and less than 0·24 grams
per 100 millilitres of blood or in the worker's breath not less than 0·12
grams and less than 0·24 grams per 210 litres of exhaled
air—by an additional one third.
(3) This section does not apply if—
(a) the injury results in death or
is a severe injury within the meaning of section 82; or
(b) the worker satisfies the
Authority or self-insurer that the following did not contribute in any way to
the injury—
(i) the
concentration, or presence, of alcohol in the blood or breath of the worker;
(ii) the
concentration, or presence, of drugs in the blood or oral fluid of the worker;
(iii) the
combination of matters referred to in subparagraphs (i) and (ii).".
51 No entitlement to compensation
where conviction for certain serious road traffic offences
(1) In section 82C(1)(b)(i) of the
Accident Compensation Act 1985, for "49(1)(b), (f) or (g)" substitute
"49(1)(b), (bc), (f), (g) or (j)".
"(c) where the worker is convicted or found guilty
of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986, the
worker satisfies the Authority or self-insurer that the following did not
contribute in any way to the injury—
(i) the
concentration, or presence, of alcohol in the blood or breath of the worker;
(ii) the
concentration, or presence, of drugs in the blood or oral fluid of the worker;
(iii) the
combination of matters referred to in subparagraphs (i) and (ii).".
52 Where conviction or finding of
guilt overturned
(2) In paragraph (d) of the definition of relevant
information in section 239AAC(2) of the Accident Compensation Act 1985 ,
after "82B" insert ", 82BA".
"(3A) Subsection (3B) applies if a person who is
injured in a transport accident was driving a motor vehicle at the time of the
transport accident and is convicted, or found guilty, in respect of driving
the motor vehicle at that time—
(a) of an offence under section
49(1)(bc) or (j) of the Road Safety Act 1986 or under a law of another
State or of a Territory that is declared to be a corresponding law under
section 47A(2) of that Act; and
(b) the level of concentration of
alcohol in the person's blood was 0·24 grams or more per
100 millilitres of blood or in the person's breath was 0·24 grams or
more per 210 litres of exhaled air, as the case requires.
(3B) The Commission is not liable to pay
compensation under section 47, 49, 50 or 51 to the person unless the person
satisfies the Commission that the following did not contribute in any way to
the transport accident—
(a) the concentration, or presence,
of alcohol in his or her blood or breath;
(b) the concentration, or presence,
of drugs in his or her blood or oral fluid;
(c) the combination of matters
referred to in subparagraphs (a) and (b).".
"(4B) Subsection (5B) applies if a person who is
injured in a transport accident was driving a motor vehicle at the time of the
transport accident and is convicted, or found guilty, in respect of driving
the motor vehicle at the time of an offence under section 49(1)(bc)
or (j) of the Road Safety Act 1986 or under a law of another State or of
a Territory that is declared to be a corresponding law under section 47A(2) of
that Act.".
"(5B) The compensation under section 44 or 45 in
respect of a person to whom subsection (4B) applies is reduced by,
in any case, one third and, if the level of alcohol in
the person's blood was not less than 0·12 grams and less than 0·24
grams per 100 millilitres of blood or in the person's breath not less than
0·12 grams and less than 0·24 grams per 210 litres of
exhaled air, by an additional one third unless the person satisfies the
Commission that the following did not contribute in any way to the transport
accident—
(a) the concentration, or presence,
of alcohol in his or her blood or breath;
(b) the concentration, or presence,
of drugs in his or her blood or oral fluid;
(c) the combination of matters
referred to in subparagraphs (a) and (b).".
" 43A
Circumstances in which weekly payments are reduced because of combined drink
and drug driving offence
(1) This section applies if—
(a) a worker's incapacity for work
results from, or is materially contributed to by, an injury that—
(i) entitles
the worker to compensation in the form of weekly payments; and
(ii) was caused
by a transport accident involving a motor vehicle of which the worker was the
driver at the time of the accident; and
(b) in respect of such driving, the
worker is convicted or found guilty of an offence under section 49(1)(bc) or
(j) of the Road Safety Act 1986or under a law of another State or of a
Territory that is declared to be a corresponding law under section 47A(2) of
the Road Safety Act 1986 .
(2) Compensation in the form of weekly payments
under Part 5 is reduced for a period of 130 weeks (whether or not consecutive)
from the date on which notice of the reduction was given to the worker in
accordance with section 188 by—
(a) in any case, one third; and
(b) if the level of alcohol in the
worker's blood was not less than 0·12 grams and less than 0·24 grams
per 100 millilitres of blood or in the worker's breath not less than 0·12
grams and less than 0·24 grams per 210 litres of exhaled
air—by an additional one third.
(3) This section does not apply if—
(a) the injury results in death or
is a severe injury within the meaning of section 40; or
(b) the worker satisfies the
Authority or self-insurer that the following did not contribute in any way to
the injury—
(i) the
concentration, or presence, of alcohol in the blood or breath of the worker;
(ii) the
concentration, or presence, of drugs in the blood or oral fluid of the worker;
(iii) the
combination of matters referred to in subparagraphs (i) and (ii).".
57 No entitlement to compensation
where conviction for certain serious road traffic offences
"(c) where the worker is convicted or found guilty
of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986, the
worker satisfies the Authority or self-insurer that the following did not
contribute in any way to the injury—
(i) the
concentration, or presence, of alcohol in the blood or breath of the worker;
(ii) the
concentration, or presence, of drugs in the blood or oral fluid of the worker;
(iii) the
combination of matters referred to in subparagraphs (i) and (ii).".
(1) In this section, the Road Safety Amendment Act
2014 is called the amending Act.
(2) Section 26(3A), as inserted by section 15(1)
of the amending Act, applies only with respect to decisions made by the
Magistrates' Court on or after the commencement of that section 15(1).
(3) Section 31KA, as inserted by section 17 of the
amending Act, applies only with respect to an offence under section 49(1)(b),
(f) or (g) that is alleged to have been committed on or after the
commencement of that section 17.
(4) The amendments of section 50 made by section
18(1) of the amending Act apply only with respect to an offence under section
49(1)(b), (f) or (g) that is alleged to have been committed on or after the
commencement of that section 18(1).
(5) Sections 50AAAB and 50AAAC, as inserted by
section 19 of the amending Act, apply only with respect to an alcohol
interlock condition imposed for an offence that is alleged to have been
committed on or after the commencement of that section 19.
(6) Section 50AAAD, as inserted by section 19 of
the amending Act, applies with respect to requirements and conditions of a
kind referred to in section 50AAAD(2), whether imposed before, on or after the
commencement of that section 19.
(7) An amendment of section 50AAB made by a
provision of section 20 of the amending Act applies only with respect to an
application made under section 50AAB(4) in relation to an alcohol interlock
condition imposed for an offence that is alleged to have been committed on or
after the commencement of that provision.
(8) An amendment of section 50AAD, 50AAE, 50AAF,
50AAG, 50AAH, 50AAI or 50AAJ made by a provision of sections 22 to 28 of the
amending Act, applies with respect to approvals under section 50AAE, whether
given before, on or after the commencement of that provision.
(9) The amendment of section 52(1B) made by
section 31 of the amending Act applies only with respect to a disqualification
from obtaining a driver licence or learner permit imposed on or after the
commencement of that section 31 in respect of an offence that is alleged to
have been committed on or after that commencement.
(10) Section 89C(1A) and (2), as inserted by
section 32(1) of the amending Act, applies only with respect to a
drink-driving infringement alleged to have been committed on or after the
commencement of that section 32(1).
(11) The amendments of section 52(1E), (1F)(b) and
(1G) made by section 45 of the amending Act apply only with respect to a
driver licence which authorises the holder to drive a motor cycle granted on
or after the commencement of that section 45.
(12) For the purposes of any provision of this
section, if an offence is alleged to have been committed between 2 dates, one
before and one on or after the commencement of a section of the amending Act
specified by the provision, the offence is alleged to have been committed
before that commencement.
s. 60
(13) A provision of this Act, as amended by a
provision of the amending Act, that applies to an offence that is a second or
subsequent offence of a person applies to an offence that is alleged to have
been committed by the person on or after the commencement of that provision of
the amending Act if that offence is a second or subsequent offence of the
person under section 48(2), 50AAA(9) or 50AA (as the case requires) when
regard is had to a previous offence committed before, on or after that
commencement.
(14) The operation of subsection (13) is not
affected by subsection (4) or any other provision of this section.".
(1) In section 84H(2)(a)(ia)(A) of the Principal
Act, for "required give" substitute "required to give".
(2) In section 103ZH of the Principal Act, where
secondly occurring, for " 103ZH " substitute " 103ZHA ".
See:
Act No.
9/2006.
Reprint No. 2
as at
15 December 2011
and amending
Act Nos
61/2011 and
43/2012.
LawToday:
www.
legislation.
vic.gov.au
63 Rail Safety (Local Operations)
Act 2006
In section 86J(2) of the Rail Safety (Local Operations) Act 2006 , for "57A"
substitute "57B".
s. 63
Division 5—Repeal of amending Act
64 Repeal of amending Act
This Act is repealed on 1 August 2016.
Note
The repeal of this Act does not affect the continuing operation of the
amendments made by it (see section 15(1) of the Interpretation of Legislation
Act 1984 ).
