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

i

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

═══════════════

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

s. 2 Act No. 1/2002

(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 of alcohol; and	Act Nos
19/1991,
89/1991,

(b) if it detects more than a certain 79/2000,

concentration of alcohol, preventing the	4/2001, 23/2001 and
motor vehicle from being started;	54/2001. LawToday:

"alcohol interlock condition" means a condition imposed on a driver licence or permit in
dpc.vic.

accordance with a direction under	gov.au
section 50AAA;

"approved alcohol interlock" means an alcohol

interlock of a type approved by the
Corporation under section 50AAE(3);

"approved alcohol interlock supplier" means a person or body approved by the Corporation under section 50AAE(5);'.

(2) In section 3(1) of the Road Safety Act 1986, in

the definition of "accredited agency", for
"sections 50 and 50A", substitute "sections 50,

50AAB(5) and 50A".

4. Interpretative provisions

In section 48 of the Road Safety Act 1986, after sub-section (1), insert—

'(1AA) Despite sub-section (1)(b) and section 3AA, a person is not to be taken to be in charge of a motor vehicle merely because the person

attempts, or intends, to start the motor
vehicle if the motor vehicle has an approved

Road Safety (Alcohol Interlocks) Act 2002

s. 5 Act No. 1/2002

alcohol interlock installed and maintained by
an approved alcohol interlock supplier or a
person or body authorised by such a supplier.

Note: For "approved alcohol interlock" and "approved alcohol interlock supplier", see section 3(1).'.

5. Accredited agencies

In section 49A(1)(a) of the Road Safety Act 1986, for "sections 50 and 50A", substitute "sections 50, 50AAB(5) and 50A".

6. Provisions about cancellation and disqualification

In section 50 of the Road Safety Act 1986—

(a) at the foot of sub-section (4A) insert—

"Note:  In some cases, the court is not required to have
regard to the report referred to in sub-section
(4B)(a): see section 50AAA(3)(a).";

(b) at the foot of sub-section (4B) insert—

"Note:  In some cases, the person is not required to
obtain the report referred to in paragraph (a):
see section 50AAA(3)(a).";

(c) at the foot of sub-section (5) insert—

"Note:	The court may, in making the order sought, be permitted or required to direct the Corporation to impose an alcohol interlock condition on a
driver licence or permit granted to the applicant: see section 50AAA.".

7. New sections 50AAA to 50AAJ inserted

After section 50 of the Road Safety Act 1986 insert—

'50AAA. Direction to impose alcohol interlock

condition

(1) This section applies if—

(a)

a person was disqualified under licence or permit because he or she was

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002	s. 7
convicted or found guilty of an offence under section 49(1)(a) (other than an offence involving only drugs) or under section 49(1)(b), (c), (d), (e), (f) or (g); and

(b)	the offence was not an accompanying driver offence; and
(c)

the person makes an application the issue of a driver licence or permit; and

(d) the court considers it appropriate to make the order.

(2) If the offence—

(a) was a first offence; and

(b) in the case of an offence under section 49(1)(b), (f) or (g), the concentration of alcohol in the person's blood at the

relevant time was 0⋅15 grams or more

per 100 millilitres of blood—

on making the order, the court may direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a

motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or
a person or body authorised by such a
supplier.

Note: For "approved alcohol interlock" and "approved alcohol interlock supplier", see section 3(1).

(3) If the offence was not a first offence—

(a) despite section 50(4A) and (4B), the person is not required to obtain, and the court is not required to have regard to, a

Road Safety (Alcohol Interlocks) Act 2002

s. 7	Act No. 1/2002
report referred to in section 50(4B)(a); and

(b) on making the order, the court must direct the Corporation that it can only grant the person a driver licence or permit that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier.

50AAB. When an alcohol interlock condition can be

removed

(1) If the court gives a direction under section 50AAA(2) or (3)(b), it must specify in the direction a period during which the person concerned cannot apply to the court for the removal of an alcohol interlock condition

imposed on his or her driver licence or

permit.

(2) If the direction is given under section

50AAA(2), the specified period must be at

least 6 months after the condition is imposed.

(3) If the direction is given under section

50AAA(3)(b), the specified period must

be—

(a) at least 6 months after the condition is imposed if—

(i)  the offence concerned was a second offence; and

(ii)  in the case of an offence under section 49(1)(b), (f) or (g), the concentration of alcohol in the person's blood at the relevant time

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 7

was less than 0⋅15 grams per

100 millilitres of blood; or

(b) in any other case, at least 3 years after the condition is imposed.

(4) The Corporation must not remove an alcohol

interlock condition imposed on a person's
driver licence or permit unless the court
orders, on the application of the person, that
the condition be removed.

(5) Within 28 days before applying for the

removal of an alcohol interlock condition
imposed on a person's driver licence or
permit, the person must obtain from an

accredited agency a report that—

(a)

covers all of the period, but at least interlock was installed by an approved alcohol interlock supplier, or a person or body authorised by such a supplier, in a motor vehicle driven by the person during that period; and

(b) includes—

(i) alcohol interlock supplier who
maintained or authorised a person
or body to maintain the approved
alcohol interlock during that
period on the extent to which the
person complied with the
manufacturer's instructions for

an assessment by each approved interlock; and

(ii)  an assessment of the person's use of alcohol during that period; and

Road Safety (Alcohol Interlocks) Act 2002

s. 7	Act No. 1/2002
(iii) the last licence restoration report obtained by the person.

(6) In determining whether to make an order to

remove an alcohol interlock condition imposed on a person's driver licence or permit—

(a) evidence tendered by either the person
or the Chief Commissioner of Police
and any evidence of a registered

the court must hear any relevant court; and

(b)

the court, without limiting the regard to—

(i)  the person's use of alcohol in the period since the condition was imposed; and

(ii)

the person's physical and mental hearing of the application; and

(iii)  the effect that the making of the order may have on the safety of the person or the public; and

(iv) any report obtained under
sub-section (5).

50AAC. Appeals against direction or period

specified in direction

(1) If the court gives a direction under section

50AAA(2) or (3)(b), the person in respect of
whom the direction is given may appeal to
the County Court under section 83 of the
Magistrates' Court Act 1989 against—

(a) in the case of a direction under section 50AAA(2)—

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 7

(i) the giving of the direction; or

(ii) direction during which the person

the period specified in the alcohol interlock condition if that period is more than 6 months; or

(b)	in the case of a direction under section 50AAA(3)(b)—the period specified in the direction during which the person
cannot apply for the removal of an alcohol interlock condition if that period is more than the minimum period set out in section 50AAB(3)(a) or (b) (whichever applies)—

as if the direction were a sentencing order of
a kind referred to in section 83 of the
Magistrates' Court Act 1989.

(2) That Act applies with respect to the appeal with any necessary modifications.

50AAD. Offences and immobilisation orders

(1) A person whose driver licence or permit is subject to an alcohol interlock condition is guilty of an offence if—

(a) the person breaches that condition; or

(b) the person drives a motor vehicle with an approved alcohol interlock in accordance with that condition but the motor vehicle has been started—

(i) with the approved alcohol
interlock disengaged; or

(ii)  in a way that does not comply with the manufacturer's

Road Safety (Alcohol Interlocks) Act 2002

s. 7 Act No. 1/2002

instructions for the use of the approved alcohol interlock; or

(iii) blowing directly into the

in a way other than by the person alcohol interlock.

Note: Sections 50AAH and 50AAI may affect

whether a person has breached the condition.

(2) A person who is guilty of an offence against sub-section (1) is liable to a fine of not more than 30 penalty units or to imprisonment for a term of not more than 4 months.

(3) If—

(a) a person breaches an alcohol interlock condition by driving a motor vehicle with a type of alcohol interlock—

(i)  the approval of which is cancelled under section 50AAH; or

(ii)  that is installed or maintained by a person or body whose approval as an alcohol interlock supplier is

cancelled under section 50AAI; or

(iii) person or body who would be
authorised by an approved alcohol
interlock supplier except that the

that is installed or maintained by a under section 50AAI; and

(b) the person is charged with an offence against sub-section (1)(a) in respect of that breach—

it is a defence if the person proves that he or
she reasonably believed at the time of the
breach that the type of alcohol interlock was

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 7

an approved alcohol interlock, or the person
or body was an approved alcohol interlock
supplier or authorised by such a supplier, as
the case may be.

(4) A court finding a person guilty, or convicting

a person, of an offence against sub-section
(1)(b) may, if the court considers it
appropriate to do so, order that the motor
vehicle concerned be immobilised (whether
by wheel clamps or any other means) for a
period specified in the order of up to
12 months.

(5) An order under sub-section (4) may be made subject to specified conditions.

(6) The court may make an order under

sub-section (4) whether the motor vehicle is
owned by the offender or another person.

(7) If the court considers that another person,

who is not present at the hearing concerning
the making of an order under sub-section (4),
may be substantially affected by such an
order, the court must issue a summons to that
other person to show cause why the order
should not be made.

(8) On the return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order.

50AAE. Approval of types of alcohol interlocks and

alcohol interlock suppliers

(1) A person or body may apply to the

Corporation for—

(a)	approval of a type of alcohol interlock; or
(b)	approval as an alcohol interlock supplier—

Road Safety (Alcohol Interlocks) Act 2002

s. 7 Act No. 1/2002

for the purposes of this Act.

(2) An application must be made in the manner

and form determined in writing by the
Corporation and must be accompanied by—

(a) the prescribed application fee (if any); and

(b) any other things that are prescribed.

(3) The Corporation may approve, in writing, a

type of alcohol interlock if it is satisfied
that—

(a)	the person or body applying for the approval has a right to sell or lease the type of alcohol interlock; and
(b)	the type of alcohol interlock is suitable to be approved for the purposes of this Act having regard to—

(i)

its effectiveness in preventing a if it detects more than a certain concentration of alcohol; and

(ii)  the extent to which it is resistant to tampering; and

(iii)  its capacity to record information about its use; and

(iv)  any other matter the Corporation considers relevant.

(4) In considering whether to approve a type of

alcohol interlock, the Corporation must
apply the guidelines for the approval of types
of alcohol interlocks made by the
Corporation under section 50AAG.

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 7

(5) The Corporation may approve, in writing, a

person or body as an alcohol interlock
supplier if it considers it appropriate to do so
having regard to—

(a) whether—

(i) the person or body; and

(ii) the person or body who install or

the employees or agents (if any) of interlocks—

are fit and proper persons to install and
maintain approved alcohol interlocks;

and

(b)	the relevant qualifications and experience of the person or body and of those employees and agents (if any) of the person or body; and
(c)	the arrangements and standards put in place by the person or body for—

(i)	installing approved alcohol interlocks; and
(ii)	maintaining approved alcohol interlocks including regular inspections, re-calibration and the recording of information about its use; and

(d) person or body for installing and

the arrangements put in place by the interlocks in rural areas; and

(e) the adequacy for the purposes of this Act of—

Road Safety (Alcohol Interlocks) Act 2002

s. 7 Act No. 1/2002

(i)

the premises, equipment and and

(ii) the record-keeping and reporting
arrangements of the person or
body; and

(iii)  the arrangements of the person or body for handling complaints; and

(f) the ability of the person or body to comply, and record its compliance, with the guidelines for the installation

or maintenance of approved alcohol interlocks made by the Corporation under section 50AAG; and

(g)	the terms and conditions on which the person or body supplies, or intends to supply, approved alcohol interlocks to customers, or a particular class of
customer, including the cost of the approved alcohol interlock, its installation and regular maintenance; and
(h)	any other matter the Corporation considers relevant.

(6) The Corporation must not approve a person

or body as an alcohol interlock supplier
unless it is satisfied that the person or body
will provide concessions to assist with the
cost of installation and regular maintenance
of an approved alcohol interlock to—

(a)	classes of persons specified by the regulations for the purposes of this sub- section; or
(b)	if the regulations do not specify classes of persons for the purposes of this sub- section, persons who hold a health care

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002	s. 7
card (within the meaning of the Social Security Act 1991 of the Commonwealth).

(7) In considering whether to approve a person or body as an alcohol interlock supplier, the Corporation must apply the guidelines for

the approval of persons or bodies as alcohol interlock suppliers made by the Corporation under section 50AAG.

(8) If the Corporation refuses to give an

approval under sub-section (3) or (5), it must
give written notice of the refusal and the
reasons for it to the person or body who
applied for the approval.

(9) Subject to sections 50AAH and 50AAI, an

approval under this section remains in force
for the period specified by the Corporation
when the approval is given.

50AAF. Conditions on approvals

(1) An approval under section 50AAE may be given subject to specified conditions.

(2) The Corporation must specify in the

approval of an alcohol interlock supplier that
it is a condition of the approval that the

supplier must—

(a)

comply with the guidelines (if any) and

(b) ensure that each of the following persons or bodies comply with those guidelines—

Road Safety (Alcohol Interlocks) Act 2002

s. 7 Act No. 1/2002

(i)  the supplier's employees and agents (if any) who install or maintain approved alcohol

interlocks; and

(ii)  the persons or bodies (if any) authorised by the supplier to install or maintain approved alcohol interlocks.

(3) The Corporation may at any time—

(a)	vary or revoke a condition on an approval; or
(b)	impose a new condition on an approval—

by giving written notice to the person or
body concerned, allowing the person or body
at least 10 working days to make written

representations about the proposed action.

50AAG. Guidelines

(1) The Corporation may make guidelines for any of the following matters—

(a)	the approval of types of alcohol interlocks, including the way in which the Corporation has regard to the matters in section 50AAE(3)(b);
(b)	the approval of persons or bodies as alcohol interlock suppliers, including—

(i)  the way in which the Corporation has regard to the matters in section 50AAE(5); and

(ii)  the type of concessions that must be provided for the purposes of section 50AAE(6);

(c) the installation or maintenance of approved alcohol interlocks, including

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002

the terms and conditions on which
approved alcohol interlocks are
supplied to customers or a particular

class of customer.

(2) The guidelines—

(a)	must be in writing and be published in the Government Gazette; and
(b)	must be laid before each House of Parliament within 6 sitting days of that House after the guidelines are published in the Government Gazette; and
(c)

may apply, adopt or incorporate any whether as—

(i) amended by the guidelines; or

(ii)  contained in that document at a particular time or from time to time.

50AAH. Cancellation of approval of types of alcohol

interlocks

(1) The Corporation may cancel the approval of

a type of alcohol interlock under
section 50AAE if the Corporation is satisfied
that it is appropriate to do so because—

(a) the type of alcohol interlock is defective to the extent that it is no longer suitable to be approved for the purposes of this Act (whether because the information it records about its use is misleading or for any other reason); or

Road Safety (Alcohol Interlocks) Act 2002

s. 7 Act No. 1/2002

(b) approved, the Corporation has

since the type of alcohol interlock was alcohol interlocks that the Corporation considers are more suitable to be approved for the purposes of this Act.

(2) If the Corporation cancels the approval of a type of alcohol interlock under sub-section (1)(a), the Corporation—

(a) the Government Gazette, and a
newspaper circulating generally
throughout Victoria, stating that the
approval of the type of alcohol

must ensure that a notice is published in specified day (which must be after both of those notices are published); and

(b)	must send a notice to each approved alcohol interlock supplier stating that the approval of the type of alcohol
interlock is cancelled with effect from that specified day; and
(c)	may send a notice to a person whose driver licence or permit is subject to an alcohol interlock condition, at the latest address the person has notified to the Corporation, stating that the person breaches the condition if he or she drives a motor vehicle with that type of alcohol interlock after the day specified in the notice (which must be at least one month after the notice is sent).

(3) If the Corporation cancels the approval of a type of alcohol interlock under sub-section (1)(a), a person whose driver licence or

permit is subject to an alcohol interlock
condition breaches the condition if he or she

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 7

drives a motor vehicle with that alcohol

interlock after the later of the following—

(a)	the day specified in the notice published under sub-section (2)(a);
(b)	if the person is sent a notice under sub-section (2)(c), the day specified in that notice.

(4) If the Corporation cancels the approval of a type of alcohol interlock under sub-section (1)(b)—

(a) each approved alcohol interlock

the Corporation must send a notice to cancelled with effect from a specified day; and

(b) an alcohol interlock of that type that was installed in a motor vehicle before the specified day is taken to continue to be approved, despite the cancellation, for the purposes of this Act and the Sentencing Act 1991.

(5) In sub-sections (2)(c) and (3), "alcohol

interlock condition" includes an alcohol
interlock condition imposed in accordance
with a direction under section 89A of the
Sentencing Act 1991.

Note: Under section 50AAD(3), a person who

breaches an alcohol interlock condition because
the approval of a type of alcohol interlock has
been cancelled has a defence if the person
proves that he or she reasonably believed that

the type of alcohol interlock was approved.

50AAI. Cancellation of approval of alcohol

interlock supplier

(1) The Corporation may, by giving written
notice to an approved alcohol interlock

Road Safety (Alcohol Interlocks) Act 2002

s. 7

s. 7 Act No. 1/2002

supplier, cancel the supplier's approval under section 50AAE if the Corporation is satisfied that it is appropriate to do so because the

supplier—

(a)	has failed to comply with one or more conditions of the approval; or
(b)	is no longer supplying, installing or maintaining alcohol interlocks.

(2) If the Corporation cancels the approval of an

alcohol interlock supplier, the Corporation—

(a) the Government Gazette, and a
newspaper circulating generally

must ensure that a notice is published in approval of the alcohol interlock supplier is cancelled with effect from a specified day (which must be after both of those notices are published); and

(b) may send a notice to a person whose driver licence or permit is subject to an alcohol interlock condition, at the latest address that the person has notified to the Corporation, stating that the person breaches the condition if—

(i) authorised by the supplier, installs

the supplier, or a person or body interlock in a motor vehicle; and

(ii)

the person drives the motor interlock—

after the day specified in the notice
(which must be at least one month after
the notice is sent).

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 7

(3) If the Corporation cancels the approval of an

alcohol interlock supplier, a person whose
driver licence or permit is subject to an
alcohol interlock condition breaches the
condition if—

(a) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle after the later of the following—

(i)

the day specified in the notice (2)(a); or

(ii)  if the person is sent a notice under sub-section (2)(b), the day specified in the notice; and

(b) the person drives the motor vehicle with that approved alcohol interlock after the later of those days.

(4) In sub-sections (2)(b) and (3), "alcohol interlock condition" includes an alcohol interlock condition imposed in accordance

with a direction under section 89A of the

Sentencing Act 1991.

Note: Under section 50AAD(3), a person who

breaches an alcohol interlock condition because
the approval of an alcohol interlock supplier
has been cancelled has a defence if the person
proves that he or she reasonably believed that

the supplier was approved.

50AAJ. Review by Tribunal

(1) A person or body whose interests are

affected by a decision of the Corporation—

(a) under section 50AAE to refuse to give an approval; or

Road Safety (Alcohol Interlocks) Act 2002

s. 8 Act No. 1/2002

(b) under section 50AAH or 50AAI to cancel an approval—

may apply for review of the decision to the
Victorian Civil and Administrative Tribunal
established by the Victorian Civil and
Administrative Tribunal Act 1998.

(2) An application for review must be made within 28 days after the later of—

(a)	the day on which the decision is made; or
(b)	under section 50AAH(2)(a) or

if notice of the decision is published Gazette and a newspaper, the day on which the later notice is published; or

(c)	if notice of the decision is given or sent to the person or body under section 50AAE(7), 50AAH(2), 50AAH(4), 50AAI(1) or 50AAI(2), the day on which the notice is given or sent to the person or body; or
(d)	statement of reasons for the decision under the Victorian Civil and if the person or body requests a the day on which—

(i)  the statement is given to the person or body; or

(ii)  the person or body is informed under section 46(5) of that Act that the statement will not be

given.'.

8. Previous convictions

In the table in section 50AA, after the last entry in the table, insert—

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 10

"Section 50AAA(2) and (3)	The making of an application under section 50(4)
Section 50AAB(3)	The making of an application under section 50(4)".

9.  Requirement to carry licence and to have zero blood alcohol

(1) In section 19(7) of the Road Safety Act 1986—

(a)	after "50(4)" insert "of this Act or section 89(2) of the Sentencing Act 1991";
(b)	after "3 years" insert "(or any longer period during which an alcohol interlock condition as defined in section 3(1) of this Act or

section 87P(1) of the Sentencing Act 1991, as the case requires, applies to the licence)".

(2) In section 52(1B) of the Road Safety Act 1986—

(a) after "3 years" insert "(or any longer period during which an alcohol interlock condition as defined in section 3(1) of this Act or

section 87P(1) of the Sentencing Act 1991, as the case requires, applies to the licence)";

(b) after "50(4)" insert "of this Act or section 89(2) of the Sentencing Act 1991".

10. New section 103B inserted

After section 103A of the Road Safety Act 1986 insert—

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

(1) Section 50AAA only applies to offences

alleged to have been committed on or
after the commencement of section 10 of
the Road Safety (Alcohol Interlocks)
Act 2002.

Road Safety (Alcohol Interlocks) Act 2002
Act No. 1/2002

(2) For the purposes of sub-section (1), if an

offence is alleged to have been committed
between two dates, one before and one after
the commencement, the offence is alleged to
have been committed before that
commencement.".

__________________
Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 11

PART 3—SENTENCING ACT 1991

11. New section 87P inserted

See:

Before section 88 of the Sentencing Act 1991, in	Act No.
Division 3 of Part 4, insert—	49/1991. Reprint No. 6
'87P. Interpretation	as at 1 August 2001
(1) In this Division—	and amending Act Nos

"alcohol interlock" has the meaning given by section 3(1) of the Road Safety Act	45/2001 and
61/2001. LawToday:

1986;
dpc.vic.

"alcohol interlock condition" means a

condition imposed on a driver licence
in accordance with a direction under
section 89A;

gov.au

"approved alcohol interlock" has the

meaning given by section 3(1) of the
Road Safety Act 1986;

"approved alcohol interlock supplier" has

the meaning given by section 3(1) of
the Road Safety Act 1986.

(2) In determining whether an offence is a first

or subsequent offence for the purposes of
section 89A or 89B—

(a)	section 48(2) of the Road Safety Act 1986 applies as though it included a reference to a person who is convicted of an offence referred to in any one of the paragraphs of section 89(1) of this Act; and
(b)	section 50AA of the Road Safety Act 1986, including the table in that section, applies as though—

Road Safety (Alcohol Interlocks) Act 2002

s. 12 Act No. 1/2002

(i)  section 89A(2) and (3), and section 89B(2), of this Act were specified in column 1 of the table; and

(ii)  the event specified in relation to those sections in column 2 of the table were the making of the

application under section 89(2).'.

12. Cancellation or suspension of driver licence

In section 89 of the Sentencing Act 1991—

(a) at the foot of sub-section (3A) insert—

"Note:  In some cases, the court is not required to have
regard to the report referred to in sub-section
(3B)(a): see section 89A(3)(a).";

(b) at the foot of sub-section (3B) insert—

"Note:  In some cases, the person is not required to
obtain the report referred to in paragraph (a):
see section 89A(3)(a).";

(c) at the foot of sub-section (3E) insert—

"Note:  The court may, in making the order sought, be
permitted or required to direct the Roads
Corporation to impose an alcohol interlock
condition on a driver licence granted to the
applicant: see section 89A.".

13. New sections 89A to 89D inserted

After section 89 of the Sentencing Act 1991 insert—

'89A. Direction to impose alcohol interlock

condition

(1) This section applies if—

(a) a person was disqualified under section 89 from obtaining a driver licence because he or she was found guilty of an offence; and

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 13

(b)	there was a finding that the person was under the influence of alcohol when the offence was committed which
contributed to the commission of the offence; and
(c)	the person makes an application under section 89(2) for an order; and
(d)	the Magistrates' Court considers it appropriate to make the order.
(2) If the offence was a first offence, on making a driver licence that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by an approved alcohol interlock supplier. the order the court may direct the Roads
Note: For "approved alcohol interlock" and "approved alcohol interlock supplier", see section 87P(1).

(3) If the offence was not a first offence—

(a)	despite section 89(3A) and (3B), the person is not required to obtain, and the court is not required to have regard to, a report referred to in section 89(3B)(a); and
(b)	direct the Roads Corporation that it can only grant the person a driver licence that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock

on making the order, the court must approved alcohol interlock supplier or a

Road Safety (Alcohol Interlocks) Act 2002

s. 13	Act No. 1/2002
person or body authorised by an approved alcohol interlock supplier.

89B. Removal of alcohol interlock condition

(1) If the court gives a direction under section

89A(2) or (3)(b), it must specify in the
direction a period during which the person
concerned cannot apply to the court for the
removal of an alcohol interlock condition
imposed on his or her driver licence.

(2) The specified period must be—

(a) at least 6 months after the condition is imposed in the case of—

(i)  a direction under section 89A(2); or

(ii) a direction under section
89A(3)(b) where the offence
concerned was a second offence;
or

(b) in any other case, at least 3 years after the condition is imposed.

(3) The Roads Corporation must not remove an

alcohol interlock condition imposed on a
person's driver licence unless the court
orders, on the application of the person, that
the condition be removed.

(4) Within 28 days before applying for the

removal of an alcohol interlock condition imposed on a person's driver licence, the person must obtain from an accredited

agency a report that—

(a)

covers all of the period, but at least interlock was installed by an approved alcohol interlock supplier, or a person or body authorised by such a supplier,

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002	s. 13
in a motor vehicle driven by the person during that period; and

(b) includes—

(i) alcohol interlock supplier who
maintained or authorised a person
or body to maintain the approved
alcohol interlock during that
period on the extent to which the
person complied with the
manufacturer's instructions for

an assessment by each approved interlock; and

(ii)  an assessment of the person's use of alcohol during that period; and

(iii)  the last licence restoration report obtained by the person.

(5) In determining whether to make an order to

remove an alcohol interlock condition imposed on a person's driver licence—

(a) evidence tendered by either the person
or the Chief Commissioner of Police
and any evidence of a registered

the court must hear any relevant court; and

(b)

the court, without limiting the regard to—

(i)  the person's use of alcohol in the period since the condition was imposed; and

(ii)

the person's physical and mental hearing of the application; and

Road Safety (Alcohol Interlocks) Act 2002

s. 13

Act No. 1/2002

(iii)	the effect that the making of the order may have on the safety of the person or the public; and
(iv)	any report obtained under sub-section (4).

89C. Appeals against direction or period

specified in direction

(1) If the court gives a direction under section

89A(2) or (3)(b), the person in respect of
whom the direction is given may appeal to
the County Court under section 83 of the
Magistrates' Court Act 1989 against—

(a) in the case of a direction under section 89A(2)—

(i) the giving of the direction; or

(ii) direction during which the person

the period specified in the alcohol interlock condition if that period is more than 6 months; or

(b)	in the case of a direction under section 89A(3)(b)—the period specified in the direction during which the person
cannot apply for the removal of an alcohol interlock condition if that period is more than the minimum period set out in section 89B(2)(a) or (b) (whichever applies)—

as if the direction were a sentencing order of
a kind referred to in section 83 of the
Magistrates' Court Act 1989.

(2) That Act applies with respect to the appeal with any necessary modifications.

89D. Offences and immobilisation orders

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 13

(1) A person whose driver licence is subject to

an alcohol interlock condition is guilty of an
offence if—

(a) the person breaches that condition; or

(b) the person drives a motor vehicle with an approved alcohol interlock in accordance with that condition but the motor vehicle has been started—

(i)	with the approved alcohol interlock disengaged; or
(ii)	with the manufacturer's

in a way that does not comply approved alcohol interlock; or

(iii) blowing directly into the

in a way other than by the person alcohol interlock.

Note: Sections 50AAH and 50AAI of the Road

Safety Act 1986 may affect whether a person has breached the condition.

(2) A person who is guilty of an offence against sub-section (1) is liable to a fine of not more than 30 penalty units or to imprisonment for a term of not more than 4 months.

(3) If—

(a) a person breaches an alcohol interlock condition by driving a motor vehicle with a type of alcohol interlock—

(i) the approval of which is cancelled under section 50AAH of the Road Safety Act 1986; or

Road Safety (Alcohol Interlocks) Act 2002

s. 13	Act No. 1/2002
(ii) that is installed or maintained by a person or body whose approval as an alcohol interlock supplier is

cancelled under section 50AAI of

the Road Safety Act 1986; or

(iii) person or body who would be
authorised by an approved alcohol
interlock supplier except that the
supplier's approval is cancelled

that is installed or maintained by a Safety Act 1986; and

(b) the person is charged with an offence against sub-section (1)(a) in respect of that breach—

it is a defence if the person proves that he or
she reasonably believed at the time of the
breach that the type of alcohol interlock was
an approved alcohol interlock, or the person
or body was an approved alcohol interlock
supplier or authorised by such a supplier, as
the case may be.

(4) A court finding a person guilty, or convicting

a person, of an offence against sub-section
(1)(b) may, if the court considers it
appropriate to do so, order that the motor
vehicle concerned be immobilised (whether
by wheel clamps or any other means) for a
period specified in the order of up to
12 months.

(5) An order under sub-section (4) may be made subject to specified conditions.

(6) The court may make an order under

sub-section (4) whether the motor vehicle is
owned by the offender or another person.

Road Safety (Alcohol Interlocks) Act 2002

Act No. 1/2002 s. 14

(7) If the court considers that another person,

who is not present at the hearing concerning
the making of an order under sub-section (4),
may be substantially affected by such an
order, the court must issue a summons to that
other person to show cause why the order
should not be made.

(8) On the return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order.'.

14. New section 126B inserted

At the end of Part 12 of the Sentencing Act 1991 insert—

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

(1) Section 89A only applies to offences alleged

to have been committed on or after the
commencement of section 14 of the Road
Safety (Alcohol Interlocks) Act 2002.

(2) For the purposes of sub-section (1), if an

offence is alleged to have been committed
between two dates, one before and one after
the commencement, the offence is alleged to
have been committed before that
commencement.".

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Road Safety (Alcohol Interlocks) Act 2002

Endnotes	Act No. 1/2002
ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 29 November 2001

Legislative Council: 19 March 2002

The long title for the Bill for this Act was "to amend the Road Safety Act
1986 and the Sentencing Act 1991 with respect to the use of alcohol
interlocks as a condition of granting a driver licence or permit to certain
disqualified drivers and for other purposes."