Victorian Numbered Acts Victorian Numbered ActsFor section 31KB of the Principal Act substitute —
(1) This section applies to a person if—
(a) the person holds a current licence or permit authorising the person to drive a motor vehicle issued in another State or a Territory that is subject to an alcohol interlock condition and paragraphs (b) and (c) do not apply to the person; or
(b) the person—
(i) was prevented under section 23A from obtaining a driver licence or learner permit because the person was disqualified from driving in another State or a Territory in respect of a corresponding interstate drink-driving offence; and
(ii) is no longer prevented from obtaining a driver licence or learner permit; or
(c) the person—
(i) has been disqualified under section 25(3) from obtaining a driver licence or learner permit in respect of a corresponding interstate drink-driving offence; and
(ii) has ceased to be so disqualified.
Note
If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.
(2) Subject to subsection (8)(b), a driver licence or learner permit granted by the Corporation to a person to whom this section applies must be made subject to an alcohol interlock condition.
(3) The Corporation may impose an alcohol interlock condition under this section on the basis of the application for a driver licence or learner permit made by the person and any matters that appear in records kept by the Corporation without conducting any hearing or investigation into the matter.
(4) A person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under this section cannot apply under section 50AAAB for the removal of the condition during the period (the relevant period ) determined in accordance with subsection (5) or (6).
(5) For the purposes of subsection (4), the relevant period applying to a person referred to in subsection (1)(a) is the period beginning on the first granting of the driver licence or learner permit and ending on the day on which—
(a) the person would have been eligible to apply for the removal of the alcohol interlock condition imposed by the other State or a Territory; or
(b) the alcohol interlock condition imposed by the other State or a Territory would have ceased by operation of law—
had the person resided or remained in the other State or a Territory.
(6) For the purposes of subsection (4), the relevant period applying to a person referred to in subsection (1)(b) or (c) is the period beginning on the first granting of the driver licence or learner permit and ending on—
(a) the expiry of the minimum period specified in Column 4 of the table in Schedule 1B that would apply had the person been convicted or found guilty of the Victorian drink-driving offence to which the interstate drink-driving offence has been declared to correspond by Order made under section 25(1); or
(b) if subsection (8) applies—an earlier date determined by the Corporation.
(7) For the purposes of subsection (6)(a)—
(a) section 50AAA(9) applies in the same way and to the same extent as it would apply for the purposes of section 50AAA and Schedule 1B in respect of the Victorian drink-driving offence referred to in subsection (6)(a); and
(b) if the minimum period applying to the Victorian drink-driving offence varies depending on the concentration of alcohol in the person's blood or breath, the minimum period is that which would apply had the person recorded the same concentration of alcohol in respect of the Victorian drink-driving offence as—
(i) the concentration of alcohol notified as having been recorded in respect of the person's blood or breath in respect of the corresponding interstate drink-driving offence; or
(ii) if, instead of a fixed concentration of alcohol, the Corporation is notified that the concentration of alcohol recorded in the person's blood or breath fell within a range of concentration in respect of the corresponding interstate drink-driving offence—the concentration of alcohol at the lower end of that range.
(8) If a person to whom subsection (6) applies satisfies the Corporation that the person has complied with the requirements of an alcohol interlock condition imposed by another State or a Territory in respect of the corresponding interstate drink-driving offence, the Corporation may determine that—
(a) the relevant period ends on an earlier date for the purposes of subsection (6); or
(b) a driver licence or learner permit may be granted to the person without an alcohol interlock condition if the alcohol interlock condition imposed by the other State or the Territory was for the same or a longer period than the relevant period that would otherwise apply to the person under subsection (6).".