Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 103ZM

Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019

    (1)     Section 31KA(1), as amended by section 12 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 , applies in relation to the offences specified in section 31KA(1) whether those offences were committed before, on or after the commencement of section 12 of that Act.

    (2)     The amendments to section 50AAAC by section 17 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 apply in relation to alcohol interlock usage data whether that data was collected before, on or after the commencement of section 17 of that Act.

    (3)     On and after the commencement of section 19 of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 , a person seeking the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit must apply to the Corporation under section 50AAAB irrespective of—

        (a)     when the alcohol interlock condition was imposed; or

        (b)     whether the alcohol interlock condition was imposed by the Corporation on the direction of the Magistrates' Court or otherwise.

    (4)     If immediately before the commencement of section 25(2) of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019 , a driver licence or learner permit held by a person is subject to an alcohol interlock condition because the person was, or by force of section 3AD was taken to be, disqualified from obtaining a driver licence or learner permit under section 89A(1) of the Sentencing Act 1991

        (a)     the driver licence or learner permit continues to be subject to the alcohol interlock condition for the term that applied before that commencement; and

        (b)     while the alcohol interlock condition is in force, sections 19(7A) and 52(1B), as in force immediately before that commencement, continue to apply to the person; and

        (c)     when the specified period of each and every alcohol interlock condition applying to the person has elapsed, the person may apply for the removal of the alcohol interlock condition under section 50AAAB.

    (5)     Despite section 103ZI(5), on and after the date on which this subsection comes into operation, if a person's driver licence or learner permit has an alcohol interlock condition imposed in respect of an offence committed before 1 October 2014—

        (a)     the person is subject to the prescribed alcohol interlock usage data requirements; and

        (b)     in determining compliance with those requirements, the Corporation may have regard to alcohol interlock usage data collected at any time during the period of the alcohol interlock condition, including data collected before the date on which this provision comes into operation.

    (6)     A person to whom subsection (5) applies, on application made in the prescribed manner within 12 months after the date on which subsection (5) comes into operation, may be exempted from prescribed alcohol interlock usage requirements by the Corporation if—

        (a)     the Corporation is satisfied that there are special circumstances for doing so; and

        (b)     the person has, or has had, an approved alcohol interlock installed in a motor vehicle and data collected on the last 6 months usage of the approved alcohol interlock has not indicated a failed attempt to start the motor vehicle as a result of it detecting alcohol.

S. 104
inserted by No. 14/2000 s. 24.



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