South Australian Current Acts South Australian Current Acts81E—Circumstances in which licence will be subject to
mandatory alcohol interlock scheme conditions
"disqualification" means disqualification from holding or obtaining a licence
or learner's permit;
"serious drink driving offence" means any drink driving offence other
than—
(a) a
category 1 offence; or
(b) a
category 2 offence that is a first offence.
(2) In determining
whether a category 2 offence is a first offence for the purposes of this
section, any previous drink driving offence (other than a category 1 offence)
for which the defendant has been convicted will be taken into account, but
only if the previous offence was committed within the period of 5 years
immediately preceding the date on which the offence under consideration was
committed.
(3) Subject to
subsection (4), if a person who applies for a licence—
(a) has
been disqualified from holding or obtaining a licence by order of a court on
conviction for a serious drink driving offence committed on or after the
commencement of this section; and
(b) the
person has not held a licence since the end of the period of disqualification,
a licence issued to the person will be subject to the mandatory alcohol
interlock scheme conditions (in addition to any conditions otherwise required)
until—
(c) the
conditions have been effective for the following period (the "prescribed
minimum period ):
(i)
in the case of a person who has been given a notice of
immediate licence disqualification or suspension under section 47IAA of the
Road Traffic Act 1961 in respect of the offence—
(A) subject to subsubparagraph (AB), a
period equal to the aggregate of the period of licence disqualification or
suspension that has applied as a result of the notice and the period of
disqualification for the offence ordered by the court; or
(AB) in the case of an
order made under section 47IAA(9)(e)(i) of the Road Traffic
Act 1961 —the period equal to the period of disqualification for
the offence ordered by the court; or
(B) a period of 3 years,
whichever is the lesser;
(ii)
in any other case—
(A) a period equal to the period of
disqualification for the offence ordered by the court; or
(B) a period of 3 years,
whichever is the lesser; and
(d) the
person qualifies for the issue of a licence that is not subject to the
mandatory alcohol interlock scheme conditions in accordance with
subsection (5).
(4) If the applicant
satisfies the Registrar, on such evidence as the Registrar may require, that
prescribed circumstances exist in the particular case, a licence issued to the
applicant will not be subject to the mandatory alcohol interlock scheme
conditions.
(5) The holder of a
licence subject to the mandatory alcohol interlock scheme conditions qualifies
for the issue of a licence not subject to such conditions if—
(a) the
conditions have been effective for the prescribed minimum period; and
(b)
the Registrar is satisfied that, during the immediately preceding period of
3 months, the alcohol interlock fitted to the nominated vehicle for the
person has not recorded any incidents of a kind specified in a notice by the
Minister in the Gazette.
(6) For the purposes
of this section, in determining whether the mandatory alcohol interlock
conditions of a person's licence have been effective for the prescribed
minimum period, the following periods are not to be taken into account:
(a) any
period during which an alcohol interlock was not fitted to the
nominated vehicle for the person;
(b) any
period during which there was no nominated vehicle for the person;
(c) any
period during which the person's licence was suspended under this Act or
another law of this State (unless the suspension came into operation before
the commencement of this paragraph).