Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This section applies to a person who is––
(a) either––
(i) convicted or found guilty of an offence against the title="A1977-17">Road Transport (Alcohol and Drugs) Act 1977
—
(A) section 19 (1) (Prescribed concentration of alcohol in blood or breath) if the court finds that the concentration of alcohol in the person's blood or breath was at level 4; or
(B) section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); or
(C) section 22 (Refusing to provide breath sample); or
(D) section 22C (Refusing to undergo screening test) in relation to an alcohol screening test; or
(E) section 23 (Refusing blood test etc) to the extent that the offence is related to alcohol; or
(F) section 24 (Driving under the influence of intoxicating liquor or a drug) to the extent that the offence is related to alcohol; or
(ii) a habitual offender; and
(b) disqualified for a period (the disqualification period ) from holding or obtaining a driver licence.
(2) The person is eligible to apply for, or be issued with, a probationary licence if the person––
(a) has completed at least half of the disqualification period; and
(b) is not otherwise disqualified from holding or obtaining a driver licence.
(3) The probationary licence must be issued with an interlock condition imposed by the road transport authority.
(4) If the person is not issued with a probationary licence before the end of the disqualification period, any probationary licence issued after the disqualification period must, unless the person has an interlock exemption, be issued with an interlock condition imposed by the road transport authority.
Note A person whose licence is subject to an interlock condition is a special driver under the href="http://www.legislation.act.gov.au/a/1977-17" title="A1977-17">Road Transport (Alcohol and Drugs) Act 1977
. A special driver must not drive a motor vehicle if the driver has a concentration of alcohol of more than 0g in 100mL of blood or 210L of breath.
(5) In this section:
"habitual offender", means a person who—
(a) is convicted or found guilty of an alcohol-related disqualifying offence; and
(b) within 5 years before the conviction or finding of guilt, has been subject to relevant action in relation to 2 or more other alcohol-related disqualifying offences.
"relevant action" means the person has been—
(a) convicted or found guilty; or
(b) issued an infringement notice (however described) under a law of another jurisdiction and not disputed the infringement notice within the time allowed for the person to dispute the notice under the law of that jurisdiction.