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Road Safety Amendment Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
3 Principal Act 4
PART 2--NEW COMBINED DRINK AND DRUG DRIVING
OFFENCES 5
4 Who must obtain a licence eligibility report? 5
5 Procedure on hearing of application for licence eligibility order 5
6 Interpretative provisions 5
7 Offences involving alcohol or other drugs 5
8 Provisions about cancellation and disqualification 9
9 Previous convictions 9
10 Driver education programs 9
11 Immediate suspension of driver licence or permit in certain
circumstances 10
12 Breath analysis 10
13 Alcohol interlock requirement 11
14 New Schedule 1AB inserted 11
SCHEDULE 1AB--Minimum Disqualification Periods for
Combined Drink and Drug Driving
Offences 11
PART 3--ALCOHOL INTERLOCKS 13
15 Appeal to Magistrates' Court 13
16 Licence eligibility orders 13
17 New section 31KA inserted 14
31KA Administrative scheme for imposing alcohol interlock
condition 14
18 Provisions about cancellation and disqualification 17
19 New sections 50AAAB to 50AAAD inserted 20
50AAAB Administrative scheme for removal of alcohol
interlock condition 20
50AAAC Application to Magistrates' Court for direction 23
i
Clause Page
50AAAD Exemption from, or removal of, alcohol interlock
condition on medical grounds 26
20 Court removal of alcohol interlock condition 27
21 Effect of alcohol interlock condition removal order 29
22 Offences and immobilisation orders 30
23 Approval of types of alcohol interlocks and alcohol interlock
suppliers 30
24 Conditions on approvals 31
25 Guidelines 34
26 Cancellation of approval of types of alcohol interlocks 34
27 Cancellation or suspension of approval of alcohol interlock
supplier 37
28 Review by Tribunal 37
29 New section 50AAKA inserted 38
50AAKA Cost recovery fees 38
30 Previous convictions 40
31 Zero blood or breath alcohol 41
32 Cancellation of licence or permit for drink-driving
infringements 41
33 Assessment report requirement 42
34 Alcohol interlock requirement 43
35 Subject-matter for regulations 44
36 Minor amendments 45
37 Amendments consequential on this Part 46
PART 4--MISCELLANEOUS AMENDMENTS TO THE
PRINCIPAL ACT 49
Division 1--Vehicle impoundment, immobilisation and forfeiture 49
38 Definitions 49
39 Meaning of second or subsequent offence 50
40 Surrender of motor vehicle 51
41 Powers of persons authorised by Victoria Police 51
42 Appeal rights 51
43 Voluntary abandonment of motor vehicle 51
Division 2--Motor cycle licence 52
44 Mandatory carriage of driver licence by certain motor cycle
riders 52
45 Zero blood or breath alcohol 53
46 Production of motor cycle licence document 53
Division 3--Recovery of costs 53
47 Removal of vehicles obstructing driveways etc. 53
ii
Clause Page
PART 5--MISCELLANEOUS 54
Division 1--Extension of access arrangements under Rail
Management Act 1996 54
48 Access arrangements 54
Division 2--Amendments to other Acts consequential on new
combined drink and drug driving offences 54
Subdivision 1--Accident Compensation Act 1985 54
49 Entitlement to compensation 54
50 New section 82BA inserted 55
82BA Circumstances in which weekly payments are reduced
because of combined drink and drug driving offence 55
51 No entitlement to compensation where conviction for certain
serious road traffic offences 56
52 Where conviction or finding of guilt overturned 57
53 Access to information 57
Subdivision 2--Transport Accident Act 1986 58
54 Circumstances in which certain compensation is not payable
or is reduced 58
Subdivision 3--Workplace Injury Rehabilitation and Compensation
Act 2013 60
55 Entitlement to compensation 60
56 New section 43A inserted 60
43A Circumstances in which weekly payments are reduced
because of combined drink and drug driving offence 60
57 No entitlement to compensation where conviction for certain
serious road traffic offences 62
58 If conviction or finding of guilt overturned 62
59 Access to information 63
Division 3--Transitional provisions 63
60 New section 103ZI inserted 63
103ZI Transitional provisions--Road Safety Amendment
Act 2014 63
Division 4--Statute law revision 66
61 Transport (Compliance and Miscellaneous) Act 1983 66
62 Principal Act 66
63 Rail Safety (Local Operations) Act 2006 67
iii
Clause Page
Division 5--Repeal of amending Act 67
64 Repeal of amending Act 67
ENDNOTES 68
iv
Road Safety Amendment Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to create new offences for driving with both
alcohol and drugs present in the body and to
make consequential amendments to certain
Acts; and
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Road Safety Amendment Act 2014
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Part 1--Preliminary
s. 1
(b) to expand the circumstances in which a
driver--
(i) will have his or her driver licence or
learner permit cancelled, or be
disqualified from obtaining one, for a
drink-driving offence; and
(ii) will be subject to a zero blood or breath
alcohol requirement or an alcohol
interlock requirement when driving;
and
(c) to empower the Roads Corporation--
(i) to impose or remove alcohol interlock
conditions on driver licences or learner
permits in certain circumstances; and
(ii) to exempt certain persons from a
requirement to have an alcohol
interlock condition imposed on their
driver licence or learner permit; and
(iii) to require certain approved alcohol
interlocks to be capable of recording
the identity of users; and
(iv) to impose revised inspection, record-
keeping and other conditions on
approved alcohol interlock suppliers;
and
(v) to impose cost recovery fees on persons
who have had an approved alcohol
interlock installed in a motor vehicle
and provide for its collection; and
(d) to empower the Magistrates' Court to
determine whether a particular person is
responsible for an attempt to start a motor
vehicle that failed because the alcohol
interlock prevented the motor vehicle from
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No. of 2014
Part 1--Preliminary
s. 2
being started as a result of it detecting
alcohol; and
(e) to expand the vehicle impoundment scheme
to cover certain first offences involving
drink-driving or the new combined drink and
drug driving offences; and
(f) to increase from 1 to 3 years the zero blood
or breath alcohol requirement for motor
cyclists who already hold a licence to drive a
car and expand the circumstances in which
motor cyclists must carry their driver
licence; and
(g) to provide for the continuation beyond their
current expiry date of binding access
arrangements under Division 3 of Part 2A of
the Rail Management Act 1996.
2 Commencement
(1) This Part and Division 4 of Part 5 (except
section 61(1) and (2)) come into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) Sections 33 and 34 and Division 2 of Part 4 come
into operation on 1 October 2014.
(3) Part 2, Division 1 of Part 4 and Division 2 of
Part 5 come into operation on 1 August 2015.
(4) Section 61(1) and (2) come into operation on the
day on which section 3 of the Road Legislation
Amendment Act 2013 comes into operation.
(5) Subject to subsection (6), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(6) If a provision referred to in subsection (5) does
not come into operation before 1 October 2014, it
comes into operation on that day.
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Road Safety Amendment Act 2014
No. of 2014
Part 1--Preliminary
s. 3
3 Principal Act
See: In this Act, the Road Safety Act 1986 is called
Act No.
127/1986. the Principal Act.
Reprint No. 15
as at
20 February
2013
and
amending
Act Nos
19/1991,
34/2011,
75/2012,
76/2012,
22/2013,
30/2013,
43/2013,
55/2013,
56/2013,
67/2013,
70/2013 and
74/2013.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Part 2--New Combined Drink and Drug Driving Offences
s. 4
PART 2--NEW COMBINED DRINK AND DRUG DRIVING
OFFENCES
4 Who must obtain a licence eligibility report?
In section 31E(2)(a) of the Principal Act--
(a) after "(ba)," insert "(bc),";
(b) for "or (ea)" substitute ", (ea) or (j)".
5 Procedure on hearing of application for licence
eligibility order
In section 31H(b)(i) of the Principal Act, after
"drugs" insert "or both alcohol and drugs".
6 Interpretative provisions
(1) In section 48(1) of the Principal Act--
(a) in paragraph (a), for "or (b)" substitute
", (b) or (bc)";
(b) in paragraph (ac), after "(bb)" insert
"or (bc)".
(2) In section 48(1A) of the Principal Act, for "or (g)"
substitute ", (g) or (j)".
(3) In section 48(1B) of the Principal Act, for "or (i)"
substitute ", (i) or (j)".
7 Offences involving alcohol or other drugs
(1) After section 49(1)(bb) of the Principal Act
insert--
"(bc) drives a motor vehicle or is in charge of a
motor vehicle while both--
(i) the prescribed concentration of alcohol
or more than the prescribed
concentration of alcohol is present in
his or her blood or breath; and
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(ii) the prescribed concentration of drugs or
more than the prescribed concentration
of drugs is present in his or her blood or
oral fluid; or".
(2) In section 49(1)(i)(ii) of the Principal Act, for
"vehicle." substitute "vehicle; or".
(3) After section 49(1)(i) of the Principal Act
insert--
"(j) has had a sample of blood taken from him or
her in accordance with section 55, 55B, 55E
or 56 within 3 hours after driving or being in
charge of a motor vehicle and--
(i) the sample has been analysed within
12 months after it was taken by a
properly qualified analyst within the
meaning of section 57 and the analyst
has found that at the time of analysis
both--
(A) the prescribed concentration of
alcohol or more than the
prescribed concentration of
alcohol was present in that
sample; and
(B) a prescribed illicit drug was
present in that sample in any
concentration; and
(ii) the concentration of alcohol found by
the analyst to be present in that sample
was not due solely to the consumption
of alcohol after driving or being in
charge of the motor vehicle; and
(iii) the presence of the drug in that sample
was not due solely to the consumption
or use of that drug after driving or
being in charge of the motor vehicle.".
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(4) After section 49(3AAA) of the Principal Act
insert--
"(3AAB) A person who is guilty of an offence under
paragraph (bc) or (j) of subsection (1), other
than an accompanying driver offence, is
liable--
(a) in the case of a first offence, to a fine of
not more than 30 penalty units; and
(b) in the case of a second offence--
(i) to a fine of not more than
90 penalty units or to
imprisonment for a term of not
more than 6 months if the
concentration of alcohol--
(A) in the person's blood was
less than 015 grams per
100 millilitres of blood; or
(B) in the person's breath was
less than 015 grams per
210 litres of exhaled air--
as the case requires; or
(ii) to a fine of not more than
180 penalty units or to
imprisonment for a term of not
more than 12 months if the
concentration of alcohol--
(A) in the person's blood was
015 grams or more per
100 millilitres of blood; or
(B) in the person's breath was
015 grams or more per
210 litres of exhaled air--
as the case requires; and
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(c) in the case of any other subsequent
offence--
(i) to a fine of not more than
180 penalty units or imprisonment
for a term of not more than
12 months if the concentration of
alcohol--
(A) in the person's blood was
less than 015 grams per
100 millilitres of blood; or
(B) in the person's breath was
less than 015 grams per
210 litres of exhaled air--
as the case requires; or
(ii) to a fine of not more than
270 penalty units or to
imprisonment for a term of not
more than 18 months if the
concentration of alcohol--
(A) in the person's blood was
015 grams or more per
100 millilitres of blood; or
(B) in the person's breath was
015 grams or more per
210 litres of exhaled air--
as the case requires.".
(5) In section 49(5) of the Principal Act, for "or (i)"
substitute ", (i) or (j)".
(6) In section 49(6) of the Principal Act, for "or (g)"
substitute ", (g) or (j)".
(7) In section 49(6A) of the Principal Act, for "or (i)"
substitute ", (i) or (j)".
(8) In section 49(7)(c) of the Principal Act, after "(g)"
insert "or (j)".
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8 Provisions about cancellation and disqualification
After section 50(1AC) of the Principal Act
insert--
"(1AD) On convicting a person, or finding a person
guilty, of an offence under section 49(1)(bc)
or (j), the court must, if the offender holds a
driver licence or permit, cancel that licence
or permit and, whether or not the offender
holds a driver licence or permit, disqualify
the offender from obtaining one for such
time as the court thinks fit, not being less
than--
(a) in the case of a first offence, the period
specified in Column 2 of Schedule 1AB
ascertained by reference to the
concentration of alcohol in the blood or
breath of the offender as specified in
Column 1 of that Schedule; and
(b) in the case of a subsequent offence, the
period specified in Column 3 of
Schedule 1AB ascertained by reference
to the concentration of alcohol in the
blood or breath of the offender as
specified in Column 1 of that
Schedule.".
9 Previous convictions
In column 1 of the Table in section 50AA of the
Principal Act, before "(1B)" insert "(1AD),".
10 Driver education programs
After section 50A(1A) of the Principal Act
insert--
"(1B) The Corporation must not issue a driver
licence or learner permit to a person whose
driver licence or learner permit is cancelled,
or who is disqualified from obtaining a
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driver licence or learner permit, on
conviction, or on being found guilty, of an
offence under section 49(1)(bc) or (j) unless
it is satisfied that the person has completed
an accredited driver education program.".
11 Immediate suspension of driver licence or permit in
certain circumstances
(1) In section 51(1)(a) of the Principal Act--
(a) after "(b)," insert "(bc),";
(b) for "or (g)" substitute ", (g) or (j)".
(2) In section 51(1B)(a) of the Principal Act, for
"(f) or (g)" substitute "(bc), (f), (g) or (j)".
(3) In section 51(3)(b)(ii) of the Principal Act, after
"Schedule 1" insert "or of Schedule 1AB (as the
case requires)".
12 Breath analysis
In section 55(2) of the Principal Act, for "or (b)"
substitute ", (b) or (bc)".
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Part 2--New Combined Drink and Drug Driving Offences
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13 Alcohol interlock requirement
In Schedule 1B to the Principal Act, before
item 15 insert--
"14B Offence under On or after Mandatory 6 months in the
section 1 August case of a first
49(1)(bc) 2015 offence;
or (j) 12 months in the
case of a second
offence if the
level of
concentration of
alcohol in the
blood was less
than 0·15 grams
per 100 millilitres
of blood or in the
breath was less
than 0·15 grams
per 210 litres of
exhaled air;
4 years in any
other case".
14 New Schedule 1AB inserted
After Schedule 1A to the Principal Act insert--
"SCHEDULE 1AB
Section 50(1AD)
MINIMUM DISQUALIFICATION PERIODS FOR COMBINED
DRINK AND DRUG DRIVING OFFENCES
Column 1 Column 2 Column 3
Concentration of alcohol in blood in grams
per 100 millilitres of blood or in breath in Subsequent
grams per 210 litres of exhaled air First offence offence
less than 07 12 months 24 months
07 or more but less than 08 12 months 26 months
08 or more but less than 09 12 months 28 months
09 or more but less than 10 12 months 30 months
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Part 2--New Combined Drink and Drug Driving Offences
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Column 1 Column 2 Column 3
Concentration of alcohol in blood in grams
per 100 millilitres of blood or in breath in Subsequent
grams per 210 litres of exhaled air First offence offence
10 or more but less than 11 16 months 32 months
11 or more but less than 12 17 months 34 months
12 or more but less than 13 18 months 36 months
13 or more but less than 14 19 months 38 months
14 or more but less than 15 20 months 40 months
15 or more but less than 16 21 months 42 months
16 or more but less than 17 22 months 44 months
17 or more but less than 18 23 months 46 months
18 or more but less than 19 24 months 48 months
19 or more but less than 20 25 months 50 months
20 or more but less than 21 26 months 52 months
21 or more but less than 22 27 months 54 months
22 or more but less than 23 28 months 56 months
23 or more but less than 24 29 months 58 months
24 or more 30 months 60 months
__________________".
__________________
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Part 3--Alcohol Interlocks
s. 15
PART 3--ALCOHOL INTERLOCKS
15 Appeal to Magistrates' Court
(1) After section 26(3) of the Principal Act insert--
"(3A) The Magistrates' Court must cause
particulars of any decision made by it on an
appeal under this section to be sent
immediately to the Corporation.".
(2) After section 26(4) of the Principal Act insert--
"(5) An appeal does not lie to the Magistrates'
Court under this section against a decision of
the Corporation--
(a) under section 31KA to grant a person to
whom that section applies a driver
licence or learner permit subject to an
alcohol interlock condition; or
(b) under section 50AAAB not to remove
an alcohol interlock condition imposed
by it on a driver licence or learner
permit.".
16 Licence eligibility orders
(1) For the heading to section 31A of the Principal
Act substitute--
"Certain disqualified persons require licence
eligibility order before applying for licence or
permit".
(2) At the foot of section 31A(1) of the Principal Act
insert--
"Note
Under section 28B it is an offence for a person disqualified
from obtaining a driver licence or learner permit to apply
for, or obtain, one.".
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(3) For section 31A(3) of the Principal Act and the
note at the foot of that section substitute--
"(3) This section does not apply to a person to
whom section 31KA applies.".
17 New section 31KA inserted
After section 31K of the Principal Act insert--
"31KA Administrative scheme for imposing
alcohol interlock condition
(1) A person to whom this section applies may
make an application to the Corporation for
the grant of a driver licence or learner permit
without having had a licence eligibility order
made in respect of him or her by the
Magistrates' Court.
(2) This section applies to a person who has
been convicted or found guilty, or who by
force of section 89A(2) is taken to have been
convicted, of an offence under section
49(1)(b), (f) or (g) where--
(a) the concentration of alcohol--
(i) in the blood of that person was
less than 0·10 grams per
100 millilitres of blood; or
(ii) in the breath of that person was
less than 0·10 grams per 210 litres
of exhaled air--
as the case requires; and
(b) it was that person's first offence; and
(c) the person has been disqualified under
section 50 or 89C from obtaining a
driver licence or learner permit in
respect of the offence; and
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(d) the person has ceased to be so
disqualified; and
(e) the person is not otherwise required to
apply to the Magistrates' Court for a
licence eligibility order before applying
to the Corporation for the grant of a
driver licence or learner permit.
Example
A is convicted of an offence under section 49(1)(b) of this
Act involving a blood alcohol concentration of 0·08 grams
per 100 millilitres of blood. A's licence is cancelled and A is
disqualified from obtaining a further one for 6 months.
After 4 months A is convicted under section 16(b) of the
Summary Offences Act 1966 of, while drunk, being in
charge of a horse in a public place. The Magistrates' Court,
on convicting A of this subsequent offence, makes an order
under section 89A of the Sentencing Act 1991 disqualifying
A from obtaining a driver licence for 3 months.
After ceasing to be disqualified A can only apply to the
Corporation for the grant of a driver licence after obtaining a
licence eligibility order from the Magistrates' Court. This is
because the Summary Offences Act conviction means that
an application under section 31KA directly to the
Corporation is precluded. This is because A is "otherwise
required" to apply for a licence eligibility order as the
Summary Offences Act conviction is not covered by the
administrative scheme.
(3) An application must--
(a) be in the form approved by the
Corporation; and
(b) be accompanied by the relevant fee
prescribed by the regulations for the
grant of a driver licence or learner
permit.
(4) The Corporation, if satisfied that the
applicant is otherwise qualified to hold the
licence or permit, may decide to grant a
person to whom this section applies a driver
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Part 3--Alcohol Interlocks
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licence or learner permit on the basis of the
application made by him or her and any
matters that appear in records kept by the
Corporation without conducting any hearing
or investigation into the matter.
(5) The Corporation may only grant under this
section a driver licence or learner permit that
is subject to an alcohol interlock condition.
(6) A person to whom a driver licence or learner
permit is granted under this section cannot
apply under section 50AAAB for the
removal of the alcohol interlock condition
imposed on his or her licence or permit
during the period of 6 months beginning on
the first granting of the licence or permit.
(7) If the Corporation decides not to grant a
driver licence or learner permit to an
applicant under this section, it must give the
applicant a written notice that states--
(a) the Corporation's decision; and
(b) the reasons for the decision; and
(c) any action that the applicant may
consider taking.
(8) Action referred to in subsection (7)(c)
includes--
(a) that the applicant may apply to the
Magistrates' Court for a licence
eligibility order if he or she is entitled
to then so apply; and
(b) if the only reason for the refusal is that
the applicant had not ceased to be
disqualified from obtaining a driver
licence or learner permit, that the
applicant may re-apply to the
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Part 3--Alcohol Interlocks
s. 18
Corporation when he or she has so
ceased; and
(c) that the applicant may apply to the
Corporation under the regulations for
an internal review of the decision.
(9) Section 50AAA(9) applies for the purposes
of this section in the same way and to the
same extent as it applies for the purposes of
section 50AAA and Schedule 1B.".
18 Provisions about cancellation and disqualification
(1) In section 50 of the Principal Act, for subsections
(1), (1A), (1AB) and (1AC) substitute--
"(1) In this section--
sub 05 offence means an offence under
section 49(1)(b), (f) or (g) by a person
where the concentration of alcohol--
(a) in his or her blood was less than
0·05 grams per 100 millilitres of
blood; or
(b) in his or her breath was less than
0·05 grams per 210 litres of
exhaled air;
sub 07 offence means an offence under
section 49(1)(b), (f) or (g) by a person
where the concentration of alcohol--
(a) in his or her blood was 0·05 or
more, but less than 0·07, grams
per 100 millilitres of blood; or
(b) in his or her breath was 0·05 or
more, but less than 0·07, grams
per 210 litres of exhaled air.
(1A) Subject to subsections (1AB) and (1AC), on
convicting or finding a person guilty of an
offence under section 49(1)(b), (f) or (g), the
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Part 3--Alcohol Interlocks
s. 18
court must, if the offender holds a driver
licence or learner permit, cancel that licence
or permit and, whether or not the offender
holds a driver licence or learner permit,
disqualify the offender from obtaining one
for such time as the court thinks fit, not
being less than--
(a) for a first offence--
(i) in the case of a sub 05 offence by
a person who does not hold a full
driver licence or a corresponding
licence issued in another State or a
Territory of the Commonwealth or
another country, 3 months; and
(ii) in any other case, the period
specified in Column 2 of
Schedule 1 ascertained by
reference to the concentration of
alcohol in the blood or breath of
the offender as specified in
Column 1 of that Schedule; and
(b) for a subsequent offence by any person,
the period specified in Column 3 of
Schedule 1 ascertained by reference to
the concentration of alcohol in the
blood or breath of the offender as
specified in Column 1 of that Schedule.
(1AB) A court that convicts or finds a person guilty
of a sub 05 offence may, if the offender
holds a driver licence or learner permit,
cancel that licence or permit and, whether or
not the offender holds a driver licence or
learner permit, may disqualify him or her
from obtaining one for such time as the court
thinks fit, not being more than 6 months, if--
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(a) the offence is a first offence under
section 49(1)(b), (f) or (g); and
(b) at the time the offence was committed
the person was the holder of a full
driver licence or a corresponding driver
licence issued in another State or a
Territory of the Commonwealth or
another country.
(1AC) A court that finds a person guilty of a sub 07
offence but does not record a conviction
may, if the offender holds a driver licence or
learner permit, cancel that licence or permit
and, whether or not the offender holds a
driver licence or learner permit, may
disqualify him or her from obtaining one for
such time as the court thinks fit, not being
less than 6 months, if--
(a) the offence is a first offence under
section 49(1)(b), (f) or (g); and
(b) at the time the offence was committed,
the person--
(i) was the holder of a full driver
licence or a corresponding driver
licence issued in another State or a
Territory of the Commonwealth or
another country; and
(ii) was not under the age of 26 years;
and
(iii) was not a person to whom
section 52 applied or was a person
to whom section 52 applied but
only because of subsection (1A),
(1C), (1D) or (1E) of that
section.".
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Part 3--Alcohol Interlocks
s. 19
(2) For the note at the foot of section 50 of the
Principal Act substitute--
"Notes
1 Unless section 31KA applies to him or her, a person
disqualified under this section needs to obtain a licence
eligibility order from the Magistrates' Court before he
or she can apply to the Corporation for the grant of a
driver licence or learner permit: see section 31A.
2 See section 50AAA and Schedule 1B in relation to the
giving of an alcohol interlock condition direction when
a person disqualified under this section from obtaining
a driver licence or learner permit applies to the
Magistrates' Court for a licence eligibility order.".
19 New sections 50AAAB to 50AAAD inserted
After section 50AAA of the Principal Act
insert--
"50AAAB Administrative scheme for removal of
alcohol interlock condition
(1) A person to whom this section applies may
make an application to the Corporation for
the removal of an alcohol interlock condition
imposed on his or her driver licence or
learner permit by the Corporation under
section 31KA.
(2) This section applies to a person who--
(a) holds a driver licence or learner permit
granted under section 31KA that--
(i) is subject to an alcohol interlock
condition imposed under that
section; and
(ii) is not subject to an alcohol
interlock condition imposed
because of an alcohol interlock
condition direction given to the
Corporation by the Magistrates'
Court; and
20
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No. of 2014
Part 3--Alcohol Interlocks
s. 19
(b) is not prevented from applying under
this section by section 31KA(6); and
(c) can supply, or cause to be supplied, a
report that complies with
subsection (3).
(3) A report referred to in subsection (2)(c)
must--
(a) contain data that indicates compliance
with any prescribed alcohol interlock
usage data requirements (other than any
specified under item 57AA(f) of
Schedule 2) during a period that ends
with the most recent data and extends
back long enough to show at least 6
months' data collected over a
continuous period or, if the regulations
so permit, a non-continuous period of a
kind specified in the regulations; and
(b) be prepared by each approved alcohol
interlock supplier who maintained, or
authorised a person or body to
maintain, the approved alcohol
interlock during the period covered by
the report; and
(c) be prepared in accordance with the
regulations.
(4) An application must--
(a) be in the form approved by the
Corporation; and
(b) be accompanied by--
(i) the prescribed application fee
(if any); and
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Part 3--Alcohol Interlocks
s. 19
(ii) the report referred to in subsection
(2)(c) or a statement that the
report is to be sent directly to the
Corporation by the approved
alcohol interlock supplier; and
(iii) any other things that are
prescribed.
(5) The Corporation may decide to remove an
alcohol interlock condition on the basis of
the report that accompanied, or is referred to
in, the application and any matters that
appear in records kept by the Corporation
without conducting any hearing or
investigation into the matter.
(6) In calculating for the purposes of subsection
(2)(b) whether the 6 month period referred to
in section 31KA(6) has elapsed, the
Corporation must not count--
(a) any period during which the driver
licence or learner permit is suspended;
or
(b) any period during which the applicant
did not hold a driver licence or learner
permit.
(7) If the Corporation decides not to remove an
alcohol interlock condition on an application
under this section, it must give the applicant
a written notice that states--
(a) the Corporation's decision; and
(b) the reasons for the decision; and
(c) any action that the applicant may
consider taking.
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Part 3--Alcohol Interlocks
s. 19
(8) Action referred to in subsection (7)(c)
includes--
(a) that the applicant may apply to the
Magistrates' Court for an alcohol
interlock condition removal order if he
or she is entitled to then so apply; and
(b) if the only reason for the refusal is that
the period referred to in section
31KA(6), when calculated in
accordance with subsection (6) of this
section, has not elapsed or that the
application does not show at least
6 months' data on the usage by the
applicant of the approved alcohol
interlock, that the applicant may
re-apply to the Corporation when that
period has elapsed or at least 6 months'
data can be shown, as the case requires;
and
(c) that if a reason for the refusal is the one
specified in section 50AAAC(2), that
the applicant may apply to the
Magistrates' Court under
section 50AAAC for a direction under
that section; and
(d) that the applicant may apply to the
Corporation under the regulations for
an internal review of the decision.
50AAAC Application to Magistrates' Court for
direction
(1) This section applies to a person in respect of
whom the Corporation has decided not to
remove an alcohol interlock condition on an
application made by him or her under
section 50AAAB for the reason specified in
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Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 19
subsection (2), irrespective of whether there
was any other reason.
(2) The reason is that--
(a) data on the usage of an approved
alcohol interlock indicates an attempt to
start a motor vehicle that failed because
the alcohol interlock prevented the
motor vehicle from being started as a
result of it detecting alcohol; and
(b) under the regulations the person is
taken to have been responsible for that
attempt; and
(c) accordingly that attempt itself was
sufficient for there not to be compliance
with any prescribed alcohol interlock
usage data requirements.
(3) Subject to subsection (4), the person may
apply to the Magistrates' Court for a
direction to the Corporation that the
applicant was not responsible for the failed
attempt referred to in subsection (2).
(4) An application to the Magistrates' Court
under this section--
(a) may be made on giving 28 days written
notice of the application and of the
venue of the Court at which it is to be
heard to--
(i) the Chief Commissioner of Police;
and
(ii) the registrar at that venue of the
Court; and
(b) must be accompanied by data obtained
from the approved alcohol interlock
relating to the failed attempt that
provides evidence (whether
24
Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 19
photographic or otherwise) as to the
identity of the person who made the
attempt.
(5) The Magistrates' Court must not deal with, or
determine, an application under this section
unless it is satisfied that the period referred
to in section 31KA(6), when calculated in
accordance with section 50AAAB(6), has
elapsed.
(6) On an application under this section the
Magistrates' Court--
(a) must hear any relevant evidence
tendered by the applicant or the Chief
Commissioner of Police; and
(b) may direct the Corporation to treat the
applicant as not having been
responsible for the failed attempt or
refuse to give such a direction.
(7) The Magistrates' Court must cause
particulars of any decision made by it on an
application under this section to be sent
immediately to the Corporation.
(8) The decision of the Magistrates' Court on an
application under this section is final and
conclusive and must be given effect to by the
Corporation.
(9) Neither an application under this section nor
the decision of the Magistrates' Court on the
application operates as a stay of the alcohol
interlock condition.
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Part 3--Alcohol Interlocks
s. 19
50AAAD Exemption from, or removal of, alcohol
interlock condition on medical grounds
(1) In this section--
recognised speciality has the same meaning
as in the Health Practitioner Regulation
National Law (Victoria);
specialist health practitioner has the same
meaning as in the Health Practitioner
Regulation National Law (Victoria).
(2) The Corporation, in the circumstances set out
in subsection (3), may--
(a) exempt a person from any requirement
imposed by a court or this Act that a
driver licence or learner permit may
only be granted by it to that person
subject to an alcohol interlock
condition; or
(b) at any time remove an alcohol interlock
condition imposed by it on a person's
driver licence or learner permit,
whether under section 31KA or because
of an alcohol interlock condition
direction given by the Magistrates'
Court.
(3) The circumstances are that the holder of the
licence or permit has made an application to
the Corporation--
(a) in the form approved by the
Corporation; and
(b) accompanied by a report from a
specialist health practitioner in an
appropriate recognised speciality
setting out details of any medical
condition of the applicant relevant to
the use of an approved alcohol interlock
26
Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 20
together with particulars of the
applicant's lung capacity; and
(c) accompanied by any other things that
are prescribed; and
(d) that otherwise complies with the
regulations.
(4) The Corporation may only act under
subsection (2) if satisfied, on the basis of a
report referred to in subsection (3)(b), that
the person's medical condition is such as to
prevent him or her being able to use an
alcohol interlock.
(5) Despite an exemption from, or removal of,
an alcohol interlock condition granted by the
Corporation under this section, section 52
continues to apply to the person during the
minimum period during which that section
otherwise would have applied had the
exemption or removal not been granted.
(6) Nothing in this section prevents the
Corporation from requiring the applicant to
undergo a test under section 27 to determine
whether he or she is unfit to drive motor
vehicles or a category of motor vehicles.
(7) This section has effect despite anything to
the contrary in this Part.".
20 Court removal of alcohol interlock condition
(1) For the heading to section 50AAB of the Principal
Act substitute--
"Alcohol interlock condition removal order".
(2) Before section 50AAB(4) of the Principal Act
insert--
"(1) This section does not apply to a person to
whom section 50AAAB applies.".
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Part 3--Alcohol Interlocks
s. 20
(3) In section 50AAB(4B)(b) of the Principal Act,
after "person" insert "(including, in the case of an
alcohol interlock condition imposed by the
Corporation under section 31KA, the period
referred to in section 31KA(6))".
(4) In section 50AAB(4C) of the Principal Act--
(a) after "direction" insert ", or (in the case of
an alcohol interlock condition imposed by
the Corporation under section 31KA) the
period referred to in section 31KA(6),"; and
(b) for "may decide not to count" substitute
"must not count".
(5) In the example at the foot of section 50AAB(4C)
of the Principal Act--
(a) for "may decide not to count" substitute
"must not count"; and
(b) for "If it does that," substitute "Therefore".
(6) In section 50AAB(5)(a) of the Principal Act, omit
", but at least 6 months,".
(7) After section 50AAB(5)(a) of the Principal Act
insert--
"(ab) contains data that indicates compliance with
any prescribed alcohol interlock usage data
requirements (other than any specified under
item 57AA(f) of Schedule 2) during a period
that ends with the most recent data and
extends back long enough to show at least
6 months' data collected over a continuous
period or, if the regulations so permit, a non-
continuous period of a kind specified in the
regulations; and".
(8) In section 50AAB(5)(b)(i) of the Principal Act,
for "that period" substitute "the period referred to
in paragraph (a)".
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Part 3--Alcohol Interlocks
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(9) After section 50AAB(6)(a) of the Principal Act
insert--
"(ab) the court must consider whether any
prescribed alcohol interlock usage data
requirements are satisfied and for that
purpose may give a direction under section
50AAAC on an application made under that
section or, if one has previously been given,
must take that direction into account; and".
(10) After section 50AAB(6)(b)(i) of the Principal Act
insert--
"(ia) whether the person was responsible for any
attempt in the whole period since the
condition was imposed to start a motor
vehicle that failed because an alcohol
interlock prevented the motor vehicle from
being started as a result of it detecting
alcohol and, if so, the number of such
attempts; and".
21 Effect of alcohol interlock condition removal order
In section 50AACA(1) of the Principal Act--
(a) after "the person" insert "(including any
imposed by the Corporation under
section 31KA)"; and
(b) after "removal order" (where secondly
occurring) insert ", or decision by the
Corporation under section 50AAAB to
remove it,".
29
Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 22
22 Offences and immobilisation orders
(1) After section 50AAD(3)(a)(i) of the Principal Act
insert--
"(ia) that ceased to be approved before it was
installed because of a variation under
section 50AAH of the approval of that type
of alcohol interlock; or".
(2) After section 50AAD(3) of the Principal Act
insert--
"(3A) To avoid doubt, a type of alcohol interlock,
or a version of a type of alcohol interlock,
the approval of which is limited to a
specified type of motor vehicle is not an
approved alcohol interlock in relation to any
other type of motor vehicle.".
23 Approval of types of alcohol interlocks and alcohol
interlock suppliers
(1) After section 50AAE(2) of the Principal Act
insert--
"(2A) To avoid doubt, the Corporation may refuse
to consider an application that does not
comply with subsection (2).".
(2) After section 50AAE(3)(b)(iii) of the Principal
Act insert--
"(iiia) its capacity, when installed in a motor
vehicle other than a motor cycle or motor
trike, to record information about the identity
of a person starting or attempting to start the
motor vehicle, whether that information is
obtained by the use of a camera or other
means; and".
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Part 3--Alcohol Interlocks
s. 24
(3) After section 50AAE(3) of the Principal Act
insert--
"(3A) The approval of a type of alcohol interlock
may be given in relation to all motor vehicles
or only in relation to a specified type of
motor vehicle.
(3B) If the application for approval relates to more
than one version of the same type of alcohol
interlock--
(a) the Corporation may approve all the
versions or only a specified version or
specified versions; and
(b) the approval of any specified version
may be given in relation to all motor
vehicles or only in relation to a
specified type of motor vehicle.".
24 Conditions on approvals
(1) In section 50AAF(2)(a) of the Principal Act, after
"50AAG(1)(b)(ii)" insert ", (ba)".
(2) Before section 50AAF(2A)(a) of the Principal Act
insert--
"(aa) to explain the following to any person to
whom an approved alcohol interlock is
supplied--
(i) how to operate the alcohol interlock;
(ii) the terms and conditions on which the
alcohol interlock is supplied;
(iii) any prescribed alcohol interlock usage
data requirements;
(iv) the consequences of the alcohol
interlock not being maintained;
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Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 24
(v) the consequences of the person failing
to pay a cost recovery fee payable
under section 50AAKA; or".
(3) After section 50AAF(2A)(a) of the Principal Act
insert--
"(ab) not to maintain, or engage or allow a person
or body authorised by the supplier to
maintain, an approved alcohol interlock in
specified circumstances where a person
subject to an alcohol interlock condition has
failed to pay a cost recovery fee payable
under section 50AAKA; or".
(4) In section 50AAF(2A)(b) of the Principal Act--
(a) for "agent" substitute "person or body";
(b) for "period." substitute "or an unlimited
period or until the happening of a specified
event; or".
(5) After section 50AAF(2A)(b) of the Principal Act
insert--
"(c) to issue a receipt in a form approved by the
Corporation for any payment made to the
supplier of a cost recovery fee payable under
section 50AAKA; or
(d) to keep records of a specified kind for a
specified period; or
(e) to report to the Corporation matters of a
specified kind in a specified manner and
within a specified time; or
(f) to comply with specified information privacy
or access requirements; or
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Part 3--Alcohol Interlocks
s. 24
(g) to permit a person authorised in writing by
the Corporation--
(i) to enter and inspect any premises at
which--
(A) the supplier carries on the
business of supplying, installing
or maintaining approved alcohol
interlocks; or
(B) a person or body authorised by the
supplier to install or maintain
approved alcohol interlocks
carries on the business of
installing or maintaining them; or
(ii) to examine any equipment found there
that is used in connection with that
business; or
(iii) to monitor any work or other activities
being carried out there, including any
training or explanation given to any
person to whom an approved alcohol
interlock is supplied; or
(iv) to inspect or copy any document
located there that relates to that
business; or
(h) to provide approved alcohol interlocks to the
Corporation for validation and testing, as
required by the Corporation; or
(i) to obtain insurance of a specified kind; or
(j) to make any records referred to in section
50AAG(1)(ba) (whether held by the supplier
or a person or body authorised by the
supplier to install or maintain approved
alcohol interlocks) available for inspection
by the Corporation at the premises of the
supplier or the authorised person or body, or
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No. of 2014
Part 3--Alcohol Interlocks
s. 25
provide copies of them (including in
electronic format) to the Corporation, as
required by the Corporation by a notice sent
to the supplier; or
(k) to avoid conflicts of interest in the conduct
of the business of supplying, installing or
maintaining approved alcohol interlocks.".
25 Guidelines
After section 50AAG(1)(b) of the Principal Act
insert--
"(ba) the records to be kept by alcohol interlock
suppliers relating to the collection of cost
recovery fees payable under
section 50AAKA and their payment to the
Corporation;".
26 Cancellation of approval of types of alcohol
interlocks
(1) In the heading to section 50AAH of the Principal
Act, after "Cancellation" insert "or variation".
(2) In section 50AAH(1) of the Principal Act, after
"a type of alcohol interlock" insert ", or of a
version of a type of alcohol interlock,".
(3) In section 50AAH(1)(a) of the Principal Act, after
"interlock" insert ", or the version of the type of
alcohol interlock,".
(4) After section 50AAH(1)(a) of the Principal Act
insert--
"(ab) the type of alcohol interlock, or the version
of the type of alcohol interlock, cannot be
modified so as to render it capable of
recording, in a way that is satisfactory to the
Corporation, the identity of a person starting
or attempting to start the motor vehicle,
whether by the use of a camera or other
means; or".
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Part 3--Alcohol Interlocks
s. 26
(5) In section 50AAH(1)(b) of the Principal Act--
(a) after "interlock" insert ", or the version of
the type of alcohol interlock,";
(b) after "interlocks" insert "or one or more
other versions of that type of alcohol
interlock or one or more versions of other
types of alcohol interlocks".
(6) After section 50AAH(1) of the Principal Act
insert--
"(1A) The Corporation may vary the approval
under section 50AAE of a type of alcohol
interlock, or a version of a type of alcohol
interlock, by providing that, on and from a
specified date, the approval has effect--
(a) only in relation to a specified type of
motor vehicle; or
(b) in relation to a specified type of motor
vehicle only if the alcohol interlock is
modified, in a manner specified by the
Corporation, so as to render it capable
of recording, in a way that is
satisfactory to the Corporation, the
identity of a person starting or
attempting to start the motor vehicle,
whether by the use of a camera or other
means; or
(c) in relation to all motor vehicles only if
modified as set out in paragraph (b).
(1B) To avoid doubt, the Corporation may act
under both paragraphs (a) and (b) of
subsection (1A) in respect of the same type
of alcohol interlock or the same version of a
type of alcohol interlock.".
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Part 3--Alcohol Interlocks
s. 26
(7) In section 50AAH(2) of the Principal Act, after
"a type of alcohol interlock" insert ", or of a
version of a type of alcohol interlock,".
(8) In section 50AAH(2)(a) and (b) of the Principal
Act, after "type of alcohol interlock" insert "or the
version of the type of alcohol interlock".
(9) In section 50AAH(2)(c) of the Principal Act, after
"type of alcohol interlock" insert "or that version
of that type of alcohol interlock".
(10) In section 50AAH(3) of the Principal Act--
(a) after "a type of alcohol interlock" insert
", or of a version of a type of alcohol
interlock,"; and
(b) after "with that alcohol interlock" insert
"or that version of that alcohol interlock".
(11) In section 50AAH(4) of the Principal Act--
(a) after "a type of alcohol interlock" insert
"or of a version of a type of alcohol
interlock"; and
(b) for "subsection (1)(b)" substitute
"subsection (1)(ab) or (b)".
(12) In section 50AAH(4)(b) of the Principal Act, after
"type" insert "or version".
(13) Before the note at the foot of section 50AAH of
the Principal Act insert--
"(5) If the Corporation varies the approval of a
type of alcohol interlock or of a version of a
type of alcohol interlock under
subsection (1A)--
(a) the Corporation must send a notice to
each approved alcohol interlock
supplier stating that the approval is
varied with effect from a specified day;
and
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No. of 2014
Part 3--Alcohol Interlocks
s. 27
(b) an alcohol interlock of that type or
version that was installed in a motor
vehicle before the specified day is taken
to continue to be approved, despite the
variation, for the purposes of this Act.".
(14) In the note at the foot of section 50AAH of the
Principal Act, after "cancelled" insert "or varied".
27 Cancellation or suspension of approval of alcohol
interlock supplier
After section 50AAI(1)(a) of the Principal Act
insert--
"(ab) has failed to collect, or pay to the
Corporation, a cost recovery fee as required
by section 50AAKA or the regulations made
for the purposes of that section; or".
28 Review by Tribunal
(1) In section 50AAJ(1)(b) of the Principal Act, after
"cancel" insert ", vary".
(2) After section 50AAJ(1) of the Principal Act
insert--
"(1A) A decision of the Corporation under section
50AAE to refuse to consider an application
that does not comply with subsection (2) of
that section is not a decision to refuse to give
an approval for the purposes of this section.".
(3) In section 50AAJ(2)(c) of the Principal Act, after
"50AAH(4)," insert "50AAH(5),".
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Part 3--Alcohol Interlocks
s. 29
29 New section 50AAKA inserted
After section 50AAK of the Principal Act
insert--
"50AAKA Cost recovery fees
(1) The regulations may provide for the payment
of cost recovery fees by persons who have an
approved alcohol interlock installed in a
motor vehicle because their driver licence or
learner permit is subject to an alcohol
interlock condition.
(2) The purpose of imposing cost recovery fees
is to recoup the overall costs incurred by the
Corporation in--
(a) establishing a process within the
alcohol interlock scheme established by
this Part for the exercise by it of the
functions conferred on it by the Road
Safety Amendment Act 2014 of--
(i) imposing and removing alcohol
interlock conditions; and
(ii) exempting persons on medical
grounds from a requirement that
any driver licence or learner
permit granted to them must be
subject to an alcohol interlock
condition; and
(b) generally managing and operating the
scheme as a whole.
(3) The regulations may prescribe--
(a) when a cost recovery fee is payable;
and
(b) the amount of that fee or how it may be
calculated; and
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No. of 2014
Part 3--Alcohol Interlocks
s. 29
(c) how a cost recovery fee may be paid to
the Corporation; and
(d) a procedure for the payment of cost
recovery fees to, or their collection by,
approved alcohol interlock suppliers or
other persons and requirements as to
when and how those fees are to be paid
to the Corporation by such suppliers or
other persons; and
(e) concessional rates of a cost recovery
fee for specified classes of persons
liable to pay a cost recovery fee.
(4) Without limiting subsection (3)(a), the
regulations may provide that a cost recovery
fee is payable--
(a) on an approved alcohol interlock being
installed in a motor vehicle; or
(b) in respect of any month or other period
during which an approved alcohol
interlock is installed in a motor vehicle;
or
(c) on an approved alcohol interlock being
removed from a motor vehicle; or
(d) in more than one, or in all, of those
circumstances.
(5) Unless the regulations otherwise provide, a
cost recovery fee is to be collected on behalf
of the Corporation by the approved alcohol
interlock supplier who maintains, or
authorises a person or body to maintain, the
alcohol interlock.
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Part 3--Alcohol Interlocks
s. 30
(6) A cost recovery fee is payable irrespective
of--
(a) when the alcohol interlock condition
was imposed on the driver licence or
learner permit of the person, including
whether it was imposed or directed to
be imposed before, on or after the
commencement of section 29 of the
Road Safety Amendment Act 2014;
and
(b) whether it was imposed under
section 31KA or because of an alcohol
interlock condition direction given by
the Magistrates' Court.
(7) Nothing in subsection (5) prevents an
approved alcohol interlock supplier
collecting a cost recovery fee by their agent
or other person specified by the Corporation.
(8) Despite anything in section 97, all cost
recovery fees received by the Corporation
must be paid by the Corporation into its
general fund.
(9) Nothing in this section limits section 97A.".
30 Previous convictions
In the Table in section 50AA of the Principal Act,
after the entry relating to sections 31A and 31E
insert--
"Section 31KA The making of an application
under that section".
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Road Safety Amendment Act 2014
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Part 3--Alcohol Interlocks
s. 31
31 Zero blood or breath alcohol
In section 52(1B) of the Principal Act, for
paragraphs (a) and (b) substitute--
"(a) the person had been disqualified from
obtaining a driver licence or learner permit
under section 50 or 89C or, by force of
section 3AD, was taken to be so disqualified
under section 89C and the licence or permit
was issued to the person following the
disqualification; or
(b) the person had been disqualified from
obtaining a driver licence or learner permit
under section 89 of the Sentencing Act 1991
or, by force of section 3AD of this Act, was
taken to be so disqualified under that
section 89 and the licence or permit had been
issued only because of the making by the
Magistrates' Court of a licence eligibility
order.".
32 Cancellation of licence or permit for drink-driving
infringements
(1) After the note at the foot of section 89C(1) of the
Principal Act insert--
"(1A) Subsection (2) applies if a traffic
infringement notice is issued in respect of a
drink-driving infringement to a person who
does not hold a full driver licence or a
corresponding licence issued in another State
or a Territory of the Commonwealth or
another country and--
(a) the blood or breath alcohol
concentration specified in the notice is
less than 0·05 grams per 100 millilitres
of blood or 210 litres of exhaled air
(as the case requires); and
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No. of 2014
Part 3--Alcohol Interlocks
s. 33
(b) no notice of objection to the
infringement notice has been given and
the 28 day period has expired.
(2) Any probationary driver licence or learner
permit held by the person is cancelled and,
whether or not the person holds such a
licence or permit, he or she is disqualified for
3 months from obtaining a driver licence or
learner permit under this Act.".
(2) In section 89C(3A) of the Principal Act, after "this
Act" insert "of a kind corresponding to the licence
or permit held by him or her".
(3) In section 89C(4) of the Principal Act, after "(1)"
insert "or (2)".
(4) Before section 89C(8)(a) of the Principal Act
insert--
"(aa) less than 0·05 grams per 100 millilitres of
blood or 210 litres of exhaled air (as the case
requires), if subsection (2) applies to the
person; or".
33 Assessment report requirement
In Schedule 1A to the Principal Act--
(a) in column 3 of item 9, after "2001" insert
"but before 1 October 2014";
(b) in column 3 of item 10, after "2004" insert
"but before 1 October 2014".
42
Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 34
34 Alcohol interlock requirement
In Schedule 1B to the Principal Act--
(a) in column 2 of item 14, after "2007" insert
"but before 1 October 2014";
(b) after item 14 insert--
"14A Offence under On or after Mandatory 6 months";
section 1 October
49(1)(b), (f) 2014
or (g) which
was a first
offence and
the level of
concentration
of alcohol in
the blood was
less than
0·15 grams per
100 millilitres
of blood or in
the breath
was less than
0·15 grams per
210 litres of
exhaled air
(c) in column 2 of item 16, after "2002" insert
"but before 1 October 2014";
43
Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 35
(d) after item 16 insert--
"16A An offence On or after Mandatory 6 months".
referred to in 1 October
section 89(1) 2014
of the
Sentencing
Act 1991
which was a
first offence if
the court made
a finding that
the offence
was
committed
while the
person was
under the
influence of
alcohol, or
both alcohol
and a drug,
which
contributed to
the offence
35 Subject-matter for regulations
After item 57 in Schedule 2 to the Principal Act
insert--
"Alcohol interlock usage data requirements
57AA. Requirements to be complied with in relation
to an approved alcohol interlock including
requirements--
(a) as to the period during which the
alcohol interlock is to be installed in a
motor vehicle; and
(b) as to the extent to which the alcohol
interlock is to be used; and
44
Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 36
(c) relating to attempts to start a motor
vehicle in which the alcohol interlock is
installed that fail because the alcohol
interlock detects alcohol; and
(d) as to the alcohol interlock not being
tampered with; and
(e) as to the payment of cost recovery fees
when due for payment; and
(f) as to the alcohol interlock only being
used by a person holding a driver
licence or learner permit.".
36 Minor amendments
(1) In section 3(1) of the Principal Act insert the
following definitions--
"cost recovery fee means a fee referred to in
section 50AAKA;
motor trike means a 3-wheeled motor vehicle but
does not include--
(a) a motor cycle with a sidecar attached;
or
(b) a motor vehicle with 3 wheels that has a
body type similar to that commonly
found on a motor vehicle with
4 wheels;
prescribed alcohol interlock usage data
requirements means requirements specified
by regulations made under item 57AA of
Schedule 2;".
(2) In the penalty at the foot of section 19(7A) and (8)
of the Principal Act, after "Penalty" insert
"applying to this subsection".
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Road Safety Amendment Act 2014
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Part 3--Alcohol Interlocks
s. 37
(3) In section 50AAJ(2)(c) of the Principal Act--
(a) for "50AAE(7)" substitute "50AAE(8)"; and
(b) for ", 50AAI(1) or 50AAI(2)" substitute
"or 50AAI(1)".
(4) In column 1 of the Table in section 50AA of the
Principal Act, after "Section 50A(1)" insert
"and (1A)".
(5) In section 59(3) of the Principal Act, after
"a driver licence" insert "or learner permit".
37 Amendments consequential on this Part
(1) In the definition of approved alcohol interlock in
section 3(1) of the Principal Act, after
"50AAE(3)" insert "and, if that approval is varied
under section 50AAH(1A), as so varied".
(2) In paragraph (b) of the definition of drink-driving
infringement in section 3(1) of the Principal Act,
for "subsection (1), (1A), (1AB), (1B) or (1E)"
substitute "subsection (1A), (1AB) or (1AC)".
(3) In the definition of drug-driving infringement in
section 3(1) of the Principal Act, for "(1), (1A),
(1AB), (1B) or (1E)" substitute "(1E)".
(4) For section 18(3)(b) of the Principal Act
substitute--
"(b) that--
(i) the Magistrates' Court would have had
power to give an alcohol interlock
condition direction had the person
applied for a licence eligibility order or,
having applied for such an order, had
the Court not refused to make it; or
(ii) the Corporation would have had power
to grant a driver licence or learner
permit under section 31KA that is
subject to an alcohol interlock
46
Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 37
condition had the person applied for a
licence or permit under that section or,
having applied under that section, had
the Corporation not refused to grant
it--".
(5) After section 19(7) of the Principal Act insert--
"(7AA) A person who, having been disqualified from
obtaining a driver licence or learner permit
under section 50 or 89C in respect of an
offence covered by section 31KA(2)(a)
and (b), holds a driver licence or learner
permit granted by the Corporation under
section 31KA must have the licence or
permit in his or her possession while driving
or in charge of a motor vehicle at any time
while an alcohol interlock condition applies
to the licence or permit.
Penalty applying to this subsection: 5 penalty
units.".
(6) For section 31I(2) of the Principal Act
substitute--
"(2) In subsection (1)--
relevant disqualification means a
disqualification following the ending of
which a person may only be granted a
driver licence or learner permit by
obtaining a licence eligibility order
including a disqualification following
the ending of which an application
could have been made to the
Corporation under section 31KA had
the person not been otherwise required
to obtain a licence eligibility order.
Note
See section 31KA(2)(e).".
47
Road Safety Amendment Act 2014
No. of 2014
Part 3--Alcohol Interlocks
s. 37
(7) In section 31L of the Principal Act, for "31K"
substitute "31KA".
(8) In column 1 of the Table in section 50AA of the
Principal Act, for the first entry substitute
"Sections 50(1A), (1AB), (1AC), (1B), (1C),
(1D), (1DA) and (1E) and 51(1)".
(9) In section 59(3) of the Principal Act, after "licence
eligibility order" insert "or by the Corporation
under section 31KA".
__________________
48
Road Safety Amendment Act 2014
No. of 2014
Part 4--Miscellaneous Amendments to the Principal Act
s. 38
PART 4--MISCELLANEOUS AMENDMENTS TO THE
PRINCIPAL ACT
Division 1--Vehicle impoundment, immobilisation and
forfeiture
38 Definitions
(1) In section 84C(1) of the Principal Act,
paragraph (c) of the definition of tier 1 relevant
offence is repealed.
(2) In section 84C(1) of the Principal Act, after
paragraph (d) of the definition of tier 1 relevant
offence insert--
"(da) a second or subsequent offence against
section 49(1)(bc) or (j) in circumstances
where the concentration of alcohol--
(i) present in the blood of the person was
less than 0·10 grams per 100 millilitres
of blood; or
(ii) present in the breath of the person was
less than 0·10 grams per 210 litres of
exhaled air;
(db) an offence against section 49(1)(bc) or (j)
committed by a person who has at any time
(whether before, on or after the
commencement of Division 1 of Part 4 of the
Road Safety Amendment Act 2014) been
convicted, or found guilty, of an offence
against section 49(1)(bb), (h) or (i) in
circumstances where the concentration of
alcohol--
(i) present in the blood of the person was
less than 0·10 grams per 100 millilitres
of blood; or
49
Road Safety Amendment Act 2014
No. of 2014
Part 4--Miscellaneous Amendments to the Principal Act
s. 39
(ii) present in the breath of the person was
less than 0·10 grams per 210 litres of
exhaled air;
(dc) an offence against section 49(1)(bb), (h)
or (i) committed by a person who has at any
time been convicted, or found guilty, of an
offence against section 49(1)(bc) or (j) in
circumstances where the concentration of
alcohol--
(i) present in the blood of the person was
less than 0·10 grams per 100 millilitres
of blood; or
(ii) present in the breath of the person was
less than 0·10 grams per 210 litres of
exhaled air;".
(3) In section 84C(1) of the Principal Act, in the
definition of tier 2 relevant offence, before
paragraph (a) insert--
"(aa) an offence against section 49(1)(b), (bc), (f),
(g) or (j) in circumstances where the
concentration of alcohol--
(i) present in the blood of the person was
0·10 grams or more per 100 millilitres
of blood; or
(ii) present in the breath of the person was
0·10 grams or more per 210 litres of
exhaled air;".
39 Meaning of second or subsequent offence
In section 84E(1) of the Principal Act, in the
definition of commencement day--
(a) in paragraph (a), after "paragraph (b)" insert
"or (c)";
(b) in paragraph (b) for "2005." substitute
"2005;";
50
Road Safety Amendment Act 2014
No. of 2014
Part 4--Miscellaneous Amendments to the Principal Act
s. 40
(c) after paragraph (b) insert--
"(c) in relation to an offence against section
49(1)(bc) or (j), the commencement of
Division 1 of Part 4 of the Road Safety
Amendment Act 2014.".
40 Surrender of motor vehicle
(1) In section 84H(2)(a)(ia)(A) of the Principal Act,
for "(g) or (i)" substitute "(bc), (g), (i) or (j)".
(2) In section 84H(2)(a)(ia)(B) of the Principal Act,
for "or (h)" substitute ", (bc), (h) or (j)".
41 Powers of persons authorised by Victoria Police
In section 84J(g) of the Principal Act, omit "at a
time directed by a member of the police force".
42 Appeal rights
After section 84O(2) of the Principal Act insert--
"(2A) An applicant under subsection (1) must give
7 days written notice of the application and
of the venue of the Magistrates' Court at
which it is to be heard to the Chief
Commissioner of Police.
(2B) A notice under subsection (2A) must state
the grounds for the claim of exceptional
hardship.
(2C) The Magistrates' Court must not deal with, or
determine, an application under subsection
(1) unless it is satisfied that the applicant has
complied with the requirements of
subsections (2A) and (2B).".
43 Voluntary abandonment of motor vehicle
(1) In section 84ZQAB(1)(c) and (3) of the Principal
Act, after "subsection (2)" insert "or (2A)".
51
Road Safety Amendment Act 2014
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Part 4--Miscellaneous Amendments to the Principal Act
s. 44
(2) After section 84ZQAB(2) of the Principal Act
insert--
"(2A) A motor vehicle is also deemed to be
abandoned if--
(a) its sole owner has served a notice of
abandonment of the motor vehicle on
the Chief Commissioner of Police; and
(b) 7 days have elapsed since the service of
the notice.
Note
See section 93 for how a notice may be served.
(2B) A notice of abandonment under subsection
(2A) must be in the form approved by the
Chief Commissioner of Police and include
information that identifies the motor vehicle,
including its registration number
(if applicable).".
(3) In section 84ZQAC(1) of the Principal Act, for
"section 84ZQAB" substitute "section
84ZQAB(2)".
(4) In section 84ZQAD(1) of the Principal Act, for
"of an intention to deem a motor vehicle to be
abandoned" substitute "under section 84ZQAC(1)
of an intention to deem a motor vehicle to be
abandoned under section 84ZQAB(2)".
Division 2--Motor cycle licence
44 Mandatory carriage of driver licence by certain
motor cycle riders
After section 19(7A) of the Principal Act insert--
"(7B) A person who, having been issued with a
driver licence which authorises him or her to
drive a motor cycle must, during the period
of 3 years from that issue (or if that licence is
suspended, whether by a court or the
52
Road Safety Amendment Act 2014
No. of 2014
Part 4--Miscellaneous Amendments to the Principal Act
s. 45
Corporation, during that 3 year period,
during an additional period equal to the
period of the suspension) have the licence in
his or her possession at all times while
driving or in charge of a motor cycle.
Penalty applying to this subsection: 5 penalty
units.".
45 Zero blood or breath alcohol
In section 52(1E), (1F)(b) and (1G) of the
Principal Act, for "1 year" substitute "3 years".
46 Production of motor cycle licence document
In section 59(3) of the Principal Act, after
"applies" insert "or who is driving or in charge of
a motor cycle during the period of 3 years from
the issue of a driver licence which authorises him
or her to drive a motor cycle (or if that licence is
suspended, whether by a court or the Corporation,
during that 3 year period, during an additional
period equal to the period of the suspension)".
Division 3--Recovery of costs
47 Removal of vehicles obstructing driveways etc.
In section 63A(4) of the Principal Act, for "the
owner" substitute "the registered operator, or an
owner,".
__________________
53
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 48
PART 5--MISCELLANEOUS
Division 1--Extension of access arrangements under Rail
Management Act 1996
48 Access arrangements
See: (1) In section 38X(1)(f) of the Rail Management Act
Act No.
79/1996. 1996, omit ", being a date that is not less than
Reprint No. 5 3 years, and not more than 5 years, after the date
as at
1 July 2010 on which the access arrangement may be
and approved by the Commission under this Part in a
amending
Act Nos final decision".
29/2011,
61/2011 and (2) Sections 38ZO(2) and 38ZP(2) of the Rail
22/2013.
LawToday:
Management Act 1996 are repealed.
www.
legislation.
vic.gov.au
Division 2--Amendments to other Acts consequential on
new combined drink and drug driving offences
Subdivision 1--Accident Compensation Act 1985
49 Entitlement to compensation
See: In section 82(4) of the Accident Compensation
Act No.
10191. Act 1985--
Reprint No. 19
as at (a) after "82B" insert ", 82BA"; and
11 February
2013 (b) after "or a drug" insert "or both".
and
amending
Act Nos
76/2011,
9/2013,
30/2013,
43/2013,
55/2013,
67/2013,
76/2013,
17/2014 and
26/2014.
LawToday:
www.
legislation.
vic.gov.au
54
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 50
50 New section 82BA inserted
After section 82B of the Accident Compensation
Act 1985 insert--
"82BA Circumstances in which weekly payments
are reduced because of combined drink
and drug driving offence
(1) This section applies if--
(a) a worker's incapacity for work results
from, or is materially contributed to by,
an injury that--
(i) entitles the worker to
compensation in the form of
weekly payments; and
(ii) was caused by a transport accident
involving a motor vehicle of
which the worker was the driver at
the time of the accident; and
(b) in respect of such driving, the worker is
convicted or found guilty of an offence
under section 49(1)(bc) or (j) of the
Road Safety Act 1986 or under a law
of another State or of a Territory that is
declared to be a corresponding law
under section 47A(2) of the Road
Safety Act 1986.
(2) Compensation in the form of weekly
payments under this Part is reduced for a
period of 130 weeks (whether or not
consecutive) from the date on which notice
of the reduction was given to the worker
under section 114(10) by--
(a) in any case, one third; and
(b) if the level of alcohol in the worker's
blood was not less than 0·12 grams and
less than 0·24 grams per 100 millilitres
55
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 51
of blood or in the worker's breath not
less than 0·12 grams and less than
0·24 grams per 210 litres of exhaled
air--by an additional one third.
(3) This section does not apply if--
(a) the injury results in death or is a severe
injury within the meaning of section 82;
or
(b) the worker satisfies the Authority or
self-insurer that the following did not
contribute in any way to the injury--
(i) the concentration, or presence, of
alcohol in the blood or breath of
the worker;
(ii) the concentration, or presence, of
drugs in the blood or oral fluid of
the worker;
(iii) the combination of matters
referred to in subparagraphs (i)
and (ii).".
51 No entitlement to compensation where conviction
for certain serious road traffic offences
(1) In section 82C(1)(b)(i) of the Accident
Compensation Act 1985, for "49(1)(b), (f) or (g)"
substitute "49(1)(b), (bc), (f), (g) or (j)".
(2) In section 82C(2)(b) of the Accident
Compensation Act 1985--
(a) after "subsection (1)(b)(i) or (iii)" insert
"(other than an offence under section
49(1)(bc) or (j) of the Road Safety Act
1986)";
(b) for "injury." substitute "injury; or".
56
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 52
(3) After section 82C(2)(b) of the Accident
Compensation Act 1985 insert--
"(c) where the worker is convicted or found
guilty of an offence under section 49(1)(bc)
or (j) of the Road Safety Act 1986, the
worker satisfies the Authority or self-insurer
that the following did not contribute in any
way to the injury--
(i) the concentration, or presence, of
alcohol in the blood or breath of the
worker;
(ii) the concentration, or presence, of drugs
in the blood or oral fluid of the worker;
(iii) the combination of matters referred to
in subparagraphs (i) and (ii).".
52 Where conviction or finding of guilt overturned
In section 82D(a)(i) of the Accident
Compensation Act 1985, for "or 82B" substitute
", 82B or 82BA".
53 Access to information
(1) In sections 239AAA(1)(a) and 239AAB(1)(a)(ii)
of the Accident Compensation Act 1985, after
"82B" insert ", 82BA".
(2) In paragraph (d) of the definition of relevant
information in section 239AAC(2) of the
Accident Compensation Act 1985, after "82B"
insert ", 82BA".
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Part 5--Miscellaneous
s. 54
Subdivision 2--Transport Accident Act 1986
54 Circumstances in which certain compensation is not
payable or is reduced
See: (1) After section 40(3) of the Transport Accident
Act No.
111/1986. Act 1986 insert--
Reprint No. 13
as at "(3A) Subsection (3B) applies if a person who is
1 January
2014
injured in a transport accident was driving a
and motor vehicle at the time of the transport
amending
Act Nos
accident and is convicted, or found guilty, in
30/2013, respect of driving the motor vehicle at that
67/2013 and
26/2014.
time--
LawToday:
www. (a) of an offence under section 49(1)(bc)
legislation. or (j) of the Road Safety Act 1986 or
vic.gov.au
under a law of another State or of a
Territory that is declared to be a
corresponding law under section
47A(2) of that Act; and
(b) the level of concentration of alcohol in
the person's blood was 024 grams or
more per 100 millilitres of blood or in
the person's breath was 024 grams or
more per 210 litres of exhaled air, as
the case requires.
(3B) The Commission is not liable to pay
compensation under section 47, 49, 50 or 51
to the person unless the person satisfies the
Commission that the following did not
contribute in any way to the transport
accident--
(a) the concentration, or presence, of
alcohol in his or her blood or breath;
(b) the concentration, or presence, of drugs
in his or her blood or oral fluid;
(c) the combination of matters referred to
in subparagraphs (a) and (b).".
58
Road Safety Amendment Act 2014
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Part 5--Miscellaneous
s. 54
(2) After section 40(4A) of the Transport Accident
Act 1986 insert--
"(4B) Subsection (5B) applies if a person who is
injured in a transport accident was driving a
motor vehicle at the time of the transport
accident and is convicted, or found guilty, in
respect of driving the motor vehicle at the
time of an offence under section 49(1)(bc)
or (j) of the Road Safety Act 1986 or under
a law of another State or of a Territory that is
declared to be a corresponding law under
section 47A(2) of that Act.".
(3) After section 40(5A) of the Transport Accident
Act 1986 insert--
"(5B) The compensation under section 44 or 45 in
respect of a person to whom subsection (4B)
applies is reduced by, in any case, one third
and, if the level of alcohol in the person's
blood was not less than 0·12 grams and less
than 0·24 grams per 100 millilitres of blood
or in the person's breath not less than
0·12 grams and less than 0·24 grams per
210 litres of exhaled air, by an additional one
third unless the person satisfies the
Commission that the following did not
contribute in any way to the transport
accident--
(a) the concentration, or presence, of
alcohol in his or her blood or breath;
(b) the concentration, or presence, of drugs
in his or her blood or oral fluid;
(c) the combination of matters referred to
in subparagraphs (a) and (b).".
59
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 55
Subdivision 3--Workplace Injury Rehabilitation and
Compensation Act 2013
55 Entitlement to compensation
See: In section 40(5) of the Workplace Injury
Act No.
67/2013 Rehabilitation and Compensation Act 2013--
and
amending (a) after "43" insert ", 43A"; and
Act Nos
17/2014 and (b) after "or a drug" insert "or both".
26/2014.
Statute Book:
www.
legislation.
vic.gov.au
56 New section 43A inserted
After section 43 of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert--
"43A Circumstances in which weekly payments
are reduced because of combined drink
and drug driving offence
(1) This section applies if--
(a) a worker's incapacity for work results
from, or is materially contributed to by,
an injury that--
(i) entitles the worker to
compensation in the form of
weekly payments; and
(ii) was caused by a transport accident
involving a motor vehicle of
which the worker was the driver at
the time of the accident; and
(b) in respect of such driving, the worker is
convicted or found guilty of an offence
under section 49(1)(bc) or (j) of the
Road Safety Act 1986 or under a law
of another State or of a Territory that is
declared to be a corresponding law
60
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 56
under section 47A(2) of the Road
Safety Act 1986.
(2) Compensation in the form of weekly
payments under Part 5 is reduced for a
period of 130 weeks (whether or not
consecutive) from the date on which notice
of the reduction was given to the worker in
accordance with section 188 by--
(a) in any case, one third; and
(b) if the level of alcohol in the worker's
blood was not less than 0·12 grams and
less than 0·24 grams per 100 millilitres
of blood or in the worker's breath not
less than 0·12 grams and less than
0·24 grams per 210 litres of exhaled
air--by an additional one third.
(3) This section does not apply if--
(a) the injury results in death or is a severe
injury within the meaning of section 40;
or
(b) the worker satisfies the Authority or
self-insurer that the following did not
contribute in any way to the injury--
(i) the concentration, or presence, of
alcohol in the blood or breath of
the worker;
(ii) the concentration, or presence, of
drugs in the blood or oral fluid of
the worker;
(iii) the combination of matters
referred to in subparagraphs (i)
and (ii).".
61
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No. of 2014
Part 5--Miscellaneous
s. 57
57 No entitlement to compensation where conviction
for certain serious road traffic offences
(1) In section 44(1)(b)(i) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"49(1)(b), (f) or (g)" substitute "49(1)(b), (bc),
(f), (g) or (j)".
(2) In section 44(2)(b) of the Workplace Injury
Rehabilitation and Compensation Act 2013--
(a) after "subsection (1)(b)(i) or (iii)" insert
"(other than an offence under section
49(1)(bc) or (j) of the Road Safety Act
1986)";
(b) for "injury." substitute "injury; or".
(3) After section 44(2)(b) of the Workplace Injury
Rehabilitation and Compensation Act 2013
insert--
"(c) where the worker is convicted or found
guilty of an offence under section 49(1)(bc)
or (j) of the Road Safety Act 1986, the
worker satisfies the Authority or self-insurer
that the following did not contribute in any
way to the injury--
(i) the concentration, or presence, of
alcohol in the blood or breath of the
worker;
(ii) the concentration, or presence, of drugs
in the blood or oral fluid of the worker;
(iii) the combination of matters referred to
in subparagraphs (i) and (ii).".
58 If conviction or finding of guilt overturned
In section 45(1)(a)(i) of the Workplace Injury
Rehabilitation and Compensation Act 2013, for
"or 43" substitute ", 43 or 43A".
62
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 59
59 Access to information
(1) In sections 555(1)(a) and 556(1)(a)(ii) of the
Workplace Injury Rehabilitation and
Compensation Act 2013, after "43" insert
", 43A".
(2) In section 557(2)(d) of the Workplace Injury
Rehabilitation and Compensation Act 2013,
after "43" insert ", 43A".
Division 3--Transitional provisions
60 New section 103ZI inserted
Before section 104 of the Principal Act insert--
"103ZI Transitional provisions--Road Safety
Amendment Act 2014
(1) In this section, the Road Safety
Amendment Act 2014 is called the
amending Act.
(2) Section 26(3A), as inserted by section 15(1)
of the amending Act, applies only with
respect to decisions made by the Magistrates'
Court on or after the commencement of that
section 15(1).
(3) Section 31KA, as inserted by section 17 of
the amending Act, applies only with respect
to an offence under section 49(1)(b), (f)
or (g) that is alleged to have been committed
on or after the commencement of that
section 17.
(4) The amendments of section 50 made by
section 18(1) of the amending Act apply only
with respect to an offence under section
49(1)(b), (f) or (g) that is alleged to have
been committed on or after the
commencement of that section 18(1).
63
Road Safety Amendment Act 2014
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Part 5--Miscellaneous
s. 60
(5) Sections 50AAAB and 50AAAC, as inserted
by section 19 of the amending Act, apply
only with respect to an alcohol interlock
condition imposed for an offence that is
alleged to have been committed on or after
the commencement of that section 19.
(6) Section 50AAAD, as inserted by section 19
of the amending Act, applies with respect to
requirements and conditions of a kind
referred to in section 50AAAD(2), whether
imposed before, on or after the
commencement of that section 19.
(7) An amendment of section 50AAB made by a
provision of section 20 of the amending Act
applies only with respect to an application
made under section 50AAB(4) in relation to
an alcohol interlock condition imposed for
an offence that is alleged to have been
committed on or after the commencement of
that provision.
(8) An amendment of section 50AAD, 50AAE,
50AAF, 50AAG, 50AAH, 50AAI or 50AAJ
made by a provision of sections 22 to 28 of
the amending Act, applies with respect to
approvals under section 50AAE, whether
given before, on or after the commencement
of that provision.
(9) The amendment of section 52(1B) made by
section 31 of the amending Act applies only
with respect to a disqualification from
obtaining a driver licence or learner permit
imposed on or after the commencement of
that section 31 in respect of an offence that is
alleged to have been committed on or after
that commencement.
64
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 60
(10) Section 89C(1A) and (2), as inserted by
section 32(1) of the amending Act, applies
only with respect to a drink-driving
infringement alleged to have been committed
on or after the commencement of that
section 32(1).
(11) The amendments of section 52(1E), (1F)(b)
and (1G) made by section 45 of the
amending Act apply only with respect to a
driver licence which authorises the holder to
drive a motor cycle granted on or after the
commencement of that section 45.
(12) For the purposes of any provision of this
section, if an offence is alleged to have been
committed between 2 dates, one before and
one on or after the commencement of a
section of the amending Act specified by the
provision, the offence is alleged to have been
committed before that commencement.
(13) A provision of this Act, as amended by a
provision of the amending Act, that applies
to an offence that is a second or subsequent
offence of a person applies to an offence that
is alleged to have been committed by the
person on or after the commencement of that
provision of the amending Act if that offence
is a second or subsequent offence of the
person under section 48(2), 50AAA(9)
or 50AA (as the case requires) when regard
is had to a previous offence committed
before, on or after that commencement.
(14) The operation of subsection (13) is not
affected by subsection (4) or any other
provision of this section.".
65
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 61
Division 4--Statute law revision
See: 61 Transport (Compliance and Miscellaneous)
Act No. Act 1983
9921.
Reprint No. 18 (1) In section 132F(5)(e)(ix) of the Transport
as at
27 March (Compliance and Miscellaneous) Act 1983--
2013
and (a) for "section 25" substitute "Part 4"; and
amending
Act Nos (b) for "that section" (where twice occurring)
34/2011,
9/2013, substitute "that Part".
22/2013,
23/2013, (2) In section 169(1B)(c)(ix) of the Transport
30/2013, (Compliance and Miscellaneous) Act 1983--
32/2013,
36/2013,
43/2013,
(a) for "section 25" substitute "Part 4"; and
70/2013,
80/2013 and (b) for "that section" (where twice occurring)
27/2014. substitute "that Part".
LawToday:
www. (3) In section 212AA(5) of the Transport
legislation.
vic.gov.au (Compliance and Miscellaneous) Act 1983, for
"pay" substitute "to pay".
(4) In section 2(1) of the Transport (Compliance
and Miscellaneous) Act 1983, in
paragraph (b)(iv) of the definition of mandatory
marine safety decision for "section 228ZZL"
substitute "section 64 of the Transport (Safety
Schemes Compliance and Enforcement)
Act 2014".
62 Principal Act
(1) In section 84H(2)(a)(ia)(A) of the Principal Act,
for "required give" substitute "required to give".
(2) In section 103ZH of the Principal Act, where
secondly occurring, for "103ZH" substitute
"103ZHA".
66
Road Safety Amendment Act 2014
No. of 2014
Part 5--Miscellaneous
s. 63
63 Rail Safety (Local Operations) Act 2006 See:
Act No.
In section 86J(2) of the Rail Safety (Local 9/2006.
Operations) Act 2006, for "57A" substitute Reprint No. 2
as at
"57B". 15 December
2011
and
amending
Act Nos
61/2011 and
43/2012.
LawToday:
www.
legislation.
vic.gov.au
Division 5--Repeal of amending Act
64 Repeal of amending Act
This Act is repealed on 1 August 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
67
Road Safety Amendment Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Road Safety Act 1986 and the Rail Management Act 1996, to make
consequential amendments to the Accident Compensation Act 1985, the
Transport Accident Act 1986 and the Workplace Injury
Rehabilitation and Compensation Act 2013 and for other purposes."
By Authority. Government Printer for the State of Victoria.
68
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