Victorian Current Acts Victorian Current Acts(1) This Act as in force immediately before 30 September 2013 continues to apply with respect to applications made before that date—
(a) under section 50(4) for an order as to the issue of a driver licence or learner permit; or
(b) under section 50AAB(4) for an order to remove an alcohol interlock condition.
(2) A person who—
(a) has been disqualified under section 50 or 89C before 30 September 2013; and
(b) under this Act as in force immediately before that date may only be granted a driver licence or learner permit on an order made by the Magistrates' Court on an application under section 50(4); and
(c) wishes to apply for such an order on or after that date—
may only do so by applying for a licence eligibility order in accordance with this Act as amended by the Road Safety and Sentencing Acts Amendment Act 2013 .
(3) Despite anything to the contrary in this Act, on an application for a licence eligibility order made by a person covered by subsection (2) the Magistrates' Court—
(a) is not required to give an alcohol interlock condition direction if it would not have been required to give a direction before 30 September 2013 under section 50AAA as in force immediately before that date; and
(b) does not have power to give such a direction if it would not have had power to give it before that date under that section 50AAA; and
(c) may not specify in such a direction under section 50AAA a period longer than it could have specified before that date under section 50AAB as in force immediately before that date—
had the application been made under section 50(4) before that date.
(4) A person who—
(a) has had an alcohol interlock condition imposed on his or her driver licence or learner permit in accordance with a direction under section 50AAA before 30 September 2013; and
(b) under this Act as in force immediately before that date can only have that condition removed by the Corporation on an order made by the Magistrates' Court on an application under section 50AAB(4); and
(c) wishes to apply for such an order on or after that date—
may only do so by applying for an alcohol interlock condition removal order in accordance with this Act as amended by the Road Safety and Sentencing Acts Amendment Act 2013 .
(5) For the purposes of an application covered by subsection (4) the reference in section 50AAB(5)(b)(iii) to a licence eligibility report includes a reference to a licence restoration report within the meaning of this Act as in force immediately before 30 September 2013 if such a report was obtained before that date.
(6) Section 50AAC, as in force immediately before 30 September 2013, continues to apply with respect to appeals made to the County Court in respect of a direction given under section 50AAA before that date, irrespective of whether the appeal is made before, on or after that date.
(7) Section 48(2)(f), as substituted by section 5(1) of the Road Safety and Sentencing Acts Amendment Act 2013 applies only in respect of an offence that is alleged to have been committed on or after 30 September 2013.
(8) In section 50AAA(8), as inserted by section 6 of the Road Safety and Sentencing Acts Amendment Act 2013 —
(a) the reference to an alcohol interlock condition direction includes a reference to a direction given under section 50AAA(1A), (2), (2A), (3)(b) or (3A) of this Act, or section 89A(2), 89A(3)(b) or 89A(4) of the Sentencing Act 1991 , as in force immediately before 30 September 2013; and
(b) the reference to the periods specified in directions includes, in relation to a direction referred to in paragraph (a), the period specified under section 50AAB(1) of this Act, or section 89B(1) of the Sentencing Act 1991 , as in force immediately before 30 September 2013.
(9) Section 50AACA, as inserted by section 9 of the Road Safety and Sentencing Acts Amendment Act 2013 , only applies with respect to an alcohol interlock condition removal order made on or after 30 September 2013.
(10) A person or body approved under section 49A for the purposes of section 50 immediately before 30 September 2013 must be taken to be approved under section 49A for the purposes of sections 31C, 31E and 31G on and after that date subject to the same conditions, limitations or restrictions as are specified in the approval and for the same period as that during which the approval continues in force.
(11) The amendment of this Act by section 16 of the Road Safety and Sentencing Acts Amendment Act 2013 applies only in respect of an offence under section 18(1) of this Act that is alleged to have been committed on or after 30 September 2013.
(12) For the purposes of subsections (7) and (11), if an offence is alleged to have been committed between two dates, one before and one on or after 30 September 2013, the offence is alleged to have been committed before that date.
(13) In section 52(1B), as substituted by section 27(1) of the Road Safety and Sentencing Acts Amendment Act 2013 —
(a) the reference to an alcohol interlock condition includes a reference to an alcohol interlock condition imposed under section 89A of the Sentencing Act 1991 before 30 September 2013; and
(b) the reference to a licence eligibility order includes a reference to an order of the Magistrates' Court made on an application under section 50(4) of this Act or section 89(2) of the Sentencing Act 1991 before 30 September 2013.
Note
30 September 2013 is the date on which the Road Safety and Sentencing Acts Amendment Act 2013 (other than Part 1, sections 19(1), 20, 21, 22, 33 and 38 and Divisions 3, 5 and 6 of Part 4) came into operation.
S. 103ZG inserted by No. 30/2013 s. 60(Sch.
item 8.20), renumbered as
s. 103ZH by No. 74/2013 s. 34.