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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 91VA
Automatic extension of prescribed period
91VA Automatic extension of prescribed period
(1) A person’s prescribed period is extended by the
automatic period of extension if any of the following events (each a
"relevant event" ) happens during the last 4 months of the person’s
prescribed period— (a) the person provides a prescribed interlock with a
specimen of the person’s breath containing alcohol;
(b) the person incurs a
permanent lockout on a prescribed interlock for failure to meet an approved
servicing requirement for the interlock.
(2) The
"automatic period of extension" is the number of days between and including
the previous end date and the new end date.
(3) The automatic extension of
the person’s prescribed period— (a) is imposed when the
relevant interlock data is received by the chief executive, and is calculated
from the date of the relevant event; and
(b) replaces the previous end date
with the new end date.
(4) The automatic extension is taken for section 65A
to be a decision by the chief executive to extend the person’s prescribed
period by the automatic period of extension because of a relevant event.
(5)
The person must be notified of the automatic extension in the way prescribed
by regulation.
(6) In this section a reference to a prescribed interlock, in
relation to a person, is a reference to a prescribed interlock fitted to a
nominated vehicle for the person.
(7) In this section—
"new end date" , for a person, means the day that is 4 months after the date
on which the relevant event happened.
"previous end date" , for a person, means the date on which the person’s
prescribed period would have ended under section 91N were it not for the
automatic extension.
"relevant interlock data" , for a person, means the data from the person’s
prescribed interlock that shows a relevant event happened.
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