New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 209

209 Definitions

(1) In this Division--

"alcohol-related major offence" means the following--

(a) an offence against section 110(1)(a) or (b),

(b) an offence against section 110(2)(a), (b) or (c),

(c) an offence against section 110(3)(a), (b) or (c),

(d) an offence against section 110(4)(a), (b) or (c),

(e) an offence against section 110(5)(a), (b) or (c),

(e1) a combined alcohol and drug driving offence,

(f) an offence against section 112(1)(a), (b) or (c) involving driving a motor vehicle while under the influence of alcohol,

(g) an offence against clause 16(1)(b) or 17(1)(a1) of Schedule 3,

(h) any other offence that, at the time it was committed, was an alcohol-related major offence for the purposes of this Division or a former corresponding provision to this Division.

"converted interlock period" --see section 213(5).

"former corresponding provision" of this Division includes a provision of this Division as in force before its substitution by the Road Transport Amendment (Mandatory Alcohol Interlock Program) Act 2014 .

"interlock driver licence" means a conditional licence that restricts the holder of the licence to driving a motor vehicle fitted with an approved interlock device.

"interlock exemption order" means an order under section 212.

"interlock period" , in relation to a person, means the period--

(a) starting on the day the person is issued with an interlock driver licence, and

(b) ending on the later of the expiry of the interlock period applicable to the person under section 211 or the converted interlock period applicable to the person.

"mandatory interlock offence" means any of the following offences--

(a) an offence against section 110(1)(a) or (b) that is a second or subsequent offence by the offender for any other alcohol-related major offence,

(b) an offence against section 110(2)(a), (b) or (c) that is a second or subsequent offence by the offender for any other alcohol-related major offence,

(c) an offence against section 110(3)(a), (b) or (c) that is a second or subsequent offence by the offender for any other alcohol-related major offence,

(d) an offence against section 110(4)(a), (b) or (c) that is a first offence or a second or subsequent offence by the offender for any other alcohol-related major offence,

(e) an offence against section 110(5)(a), (b) or (c) that is a first offence or a second or subsequent offence by the offender for any other alcohol-related major offence,

(e1) a combined alcohol and drug driving offence that is a first offence or a second or subsequent offence by the offender for any other alcohol-related major offence,

(f) an offence against section 112(1)(a), (b) or (c) that involved driving under the influence of alcohol and that is a first offence or a second or subsequent offence by the offender for any other alcohol-related major offence,

(g) an offence against clause 16(1)(b) or 17(1)(a1) of Schedule 3 that is a first offence or a second or subsequent offence by the offender for any other alcohol- related major offence that involved driving under the influence of alcohol,

(h) any other offence prescribed by the statutory rules.

Note : Section 9(2) and (2A) specify the circumstances in which an offence is a second or subsequent offence (including instances in which the first offence was dealt with by way of penalty notice).

"mandatory interlock order" means an order under section 211.

"offender" means a person convicted of a mandatory interlock offence.

"participation in an interlock program" --see section 215.

(2) For the purposes of section 9(5)(e), an offence against an alcohol-related major offence is declared to be an equivalent offence to any other alcohol-related major offence (whether of the same or a different kind).