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ROAD SAFETY ACT 1986 - SECT 103ZK

Transitional provisions—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017

    (1)     On and after the commencement of section 5 of the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 , a reference to section 23A of this   Act is taken to include a reference to regulation 29 of the Road Safety (Drivers) Regulations 2009 as in force before that commencement.

    (2)     Section 23B as inserted by section 6 of the  Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 applies to any application for a driver licence or learner permit made to the Corporation that, under that section, may only be granted subject to an alcohol interlock condition, whether the offence giving rise to that restriction was committed before, on or after the day on which section 6 of that Act comes into operation.

    (3)     Section 25A as inserted by section 7 of the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 applies to a person currently disqualified under the law of another jurisdiction, within the meaning of section 25A, from driving or obtaining a driver licence or learner permit in that jurisdiction, whether the period of disqualification commenced before, on or after the day on which section 7 of that Act comes into operation.

    (4)     In determining for the purposes of section 31KB of this Act, as substituted by section 8 of the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 (the  amending Act ), whether a Victorian drink‑driving offence to which a corresponding interstate drink‑driving offence corresponds would be a person's first, second or subsequent offence under sections 48(2), (5) and (6) and 50AA or section 50AAA(9) and Schedule 1B (as the case requires), regard may be had to—

        (a)     previous offences committed by the person on or after the commencement of section 8 of the amending Act; and

        (b)     previous offences committed by the person before the commencement of section 8 of the amending Act, if the corresponding interstate drink-driving offence is committed after that commencement.

    (5)     Subject to subsection (6), sections 31A to  31H, 49A, 50AAAB and 50AAB and Schedule 1A as in force immediately before the day on which section 24 of the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 comes into operation (the  commencement day ), continue to apply to any offence committed before the commencement day (other than an offence for which a disqualification was imposed under section 89A(1) of the Sentencing Act 1991 ).

    (6)     On and after the day on which section 24 of the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act   2017 comes into operation (the commencement day ), the amendments made to this Act by Division 2 of Part 2.2 of that Act apply in relation to—

        (a)     any offence committed on or after the commencement day; and

        (b)     any offence committed before the commencement day (other than an offence referred to in paragraph (c)) if the person who committed the offence—

              (i)     does not hold a driver licence or learner permit immediately before the commencement day; and

              (ii)     is not granted a driver licence or learner permit within 12 months after the commencement day; and

        (c)     any offence for which a disqualification was imposed under section 89A(1) of the Sentencing Act 1991 committed before the commencement day.

    (7)     Subject to subsection (8), Part 6A, as in force immediately before the day on which Part 2.3 of the Transport Legislation Amendment (Road Safety, Rail and Other   Matters) Act 2017 comes into operation (the commencement day ), continues to apply to any relevant offence, within the meaning of 84C(1) as in force immediately before the commencement day, that is committed before the commencement day.

    (8)     On and after the day on which section 31 of   the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 comes into operation (the commencement day ), Part 6A as amended by Part 2.3 of that Act applies to—

        (a)     relevant offences committed on or after the commencement day; and

        (b)     relevant offences committed before the commencement day if the most recent relevant offence is alleged to have been committed on or after the commencement day.

    (9)     For the purposes of subsection (8), if a relevant offence is alleged to have been committed between 2 dates, one before and one after the commencement day (within the meaning of subsection (8)), the relevant offence is alleged to have been committed before the commencement day.

    (10)     On and after the day on which Part 2.5 of the Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017 comes into operation (the commencement day ), Part 4 as amended by Part 2.5 of that Act applies to an extended demerit point period or the suspension of a driver licence or learner permit under Division 3 of Part 4 whether—

        (a)     the extended demerit point period or the suspension commenced before, on or after the commencement day; or

        (b)     the offences that gave rise to the extended demerit point period or the suspension were committed before, on or after the commencement day; or

        (c)     the conviction or finding of guilt in relation to an offence referred to in paragraph (b) occurred before, on or after the commencement day.

S. 103ZL inserted by No. 65/2017 s. 24(2).



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