Road Safety (Alcohol Interlocks) Act 2002 (Vic)

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—ROAD SAFETY ACT 1986

3

3.	Definitions	3
4.	Interpretative provisions	3
5.	Accredited agencies	4
6.	Provisions about cancellation and disqualification	4
7.	New sections 50AAA to 50AAJ inserted	4
50AAA. Direction to impose alcohol interlock condition	4
50AAB.	When an alcohol interlock condition can be removed	6
50AAC.	Appeals against direction or period specified in
direction	8

50AAD. Offences and immobilisation orders	9
50AAE.	Approval of types of alcohol interlocks and alcohol
interlock suppliers 11
50AAF. Conditions on approvals	15
50AAG. Guidelines	16
50AAH. Cancellation of approval of types of alcohol interlocks	17
50AAI. Cancellation of approval of alcohol interlock supplier	19
50AAJ. Review by Tribunal	21

8.	Previous convictions	22
9.	Requirement to carry licence and to have zero blood alcohol	23
10.	New section 103B inserted	23

103B.	Application of amendment made by the Road Safety
(Alcohol Interlocks) Act 2002 23

PART 3—SENTENCING ACT 1991

25

11.	New section 87P inserted	25
87P.	Interpretation	25
12.	Cancellation or suspension of driver licence	26
13.	New sections 89A to 89D inserted	26
89A.	Direction to impose alcohol interlock condition	26
89B.	Removal of alcohol interlock condition	28

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Section

Page

89C.	Appeals against direction or period specified in direction	30
89D.	Offences and immobilisation orders	30
14.	New section 126B inserted	33

126B.	Application of amendment made by the Road Safety
(Alcohol Interlocks) Act 2002 33

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ENDNOTES

34

ii

Victoria

No. 1 of 2002

Road Safety (Alcohol Interlocks) Act

2002†

[Assented to 26 March 2002]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Road

Safety Act 1986 and the Sentencing Act 1991—

(a)	to empower the Magistrates' Court to require the use of alcohol interlocks as a condition of the granting by the Roads Corporation of a
driver licence or permit to certain disqualified drivers; and

Road Safety (Alcohol Interlocks) Act 2002

(b)	to do so for the purposes of rehabilitating such drivers and minimising harm to the community.

2. Commencement

(1) This Part comes into operation on the day after the

day on which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision of this Act does not come into

operation before 1 August 2002, it comes into
operation on that day.

__________________
Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002

s. 3

PART 2—ROAD SAFETY ACT 1986

3. Definitions

See:

(1) In section 3(1) of the Road Safety Act 1986 insert the following definitions—	Act No.
127/1986. Reprint No. 6
' "alcohol interlock", in relation to a motor vehicle, means a device capable of—	as at 1 December
2000 and

(a) analysing a breath sample for the

amending

presence…