Victorian Current Acts Victorian Current ActsS. 31KA(1) substituted by No. 7/2019 s. 12(2).
(1) Subject to section 50AAAE, this section applies to a person—
(a) who either—
(i) has been disqualified from obtaining a driver licence or learner permit under section 50 in respect of an offence under section 49(1) (other than an offence under section 49(1)(a) involving only a drug or under section 49(1)(ba), (bb), (ca), (ea), (eb), (h) or (i)); or
(ii) has been disqualified, or by force of section 3AD is taken to have been disqualified, from obtaining a driver licence or learner permit under section 89C in respect of a drink‑driving infringement; and
(b) who has ceased to be so disqualified.
Note
If the person has committed other offences, the person may be required to obtain a licence eligibility order before a driver licence or learner permit is granted. See section 31A.
S. 31KA(2) amended by No. 49/2019 s. 116(Sch. 1 item 63(a)).
(2) A driver licence or learner permit granted by the Secretary to a person to whom this section applies must be made subject to an alcohol interlock condition.
S. 31KA(3) amended by No. 49/2019 s. 116(Sch. 1 item 63(b)).
(3) The Secretary may impose an alcohol interlock condition under this section on the basis of the application for a driver licence or learner permit made by the person and any matters that appear in records kept by the Secretary without conducting any hearing or investigation into the matter.
S. 31KA(4) substituted by No. 7/2019 s. 12(3).
(4) A person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under this section cannot apply under section 50AAAB for the removal of the condition during the period (the relevant period ), determined in accordance with subsection (5), beginning on the first grant of the licence or permit.
S. 31KA(5) substituted by No. 7/2019 s. 12(3).
(5) For the purposes of subsection (4), the relevant period applying to a person is the minimum period specified in column 4 of the Table in Schedule 1B applying to the offence for which the person was disqualified from obtaining a driver licence or learner permit.
S. 31KA(6) inserted by No. 7/2019 s. 12(3).
(6) For the purposes of subsection (5) and despite section 48(2), in determining for the purposes of Schedule 1B whether an offence under a paragraph of section 49(1) was a first, second or subsequent offence, any previous conviction or finding of guilt of the person for any of the following offences is to be disregarded—
(a) an offence under section 49(1)(a) (involving only a drug) or of an offence under section 49(1)(ba), (bb), (ca), (eb), (h) or (i);
(b) an offence referred to in section 89(1), (3) or (4) of the Sentencing Act 1991 (involving only a drug);
(c) an offence committed in another State or a Territory, the necessary elements of which consist of the elements that constitute any of the offences referred to in paragraph (a) or (b).
S. 31KB inserted by No. 70/2016 s. 12, substituted by No. 68/2017 s. 8.