Victorian Current Acts Victorian Current Acts(1) This section applies if—
S.
50AAA
(1)(a) substituted by No. 7/2019 s. 15(1).
(a) a person has been disqualified under section 89 of the Sentencing Act 1991 from obtaining a driver licence or learner permit or, by force of section 3AD, is taken to be so disqualified under that section 89; and
(b) the disqualification is covered by the Table in Schedule 1B; and
(c) the person has applied to the Magistrates' Court for a licence eligibility order; and
(d) the Magistrates' Court considers it appropriate to make the order.
Note to s. 50AAA(1) amended by No. 7/2019 s. 15(2).
Note
Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) of the Sentencing Act 1991 is not disqualified for the purposes of this section.
S. 50AAA(2) amended by No. 49/2019 s. 116(Sch. 1 item 96(a)).
(2) If column 3 of the Table in Schedule 1B specifies that it is mandatory to give an alcohol interlock condition direction for the relevant offence, the Magistrates' Court must, on making a licence eligibility order in respect of a person, direct the Secretary that the Secretary can only grant the person a driver licence or learner permit that is subject to an alcohol interlock condition.
S. 50AAA(3) amended by No. 49/2019 s. 116(Sch. 1 item 96(a)).
(3) If column 3 of the Table in Schedule 1B specifies that it is discretionary to give an alcohol interlock condition direction for the relevant offence, the Magistrates' Court may, on making a licence eligibility order in respect of a person, direct the Secretary that the Secretary can only grant the person a driver licence or learner permit that is subject to an alcohol interlock condition.
S. 50AAA(4) amended by No. 49/2019 s. 116(Sch. 1 item 96(b)).
(4) If the Magistrates' Court, on making a licence eligibility order, gives an alcohol interlock condition direction to the Secretary, it must specify in the direction a period (the specified period ) during which the person concerned cannot apply to the Court for the removal of an alcohol interlock condition imposed on his or her driver licence or learner permit.
(5) The specified period must not be less than the period (if any) specified in column 4 of the Table in Schedule 1B in relation to the relevant offence.
(6) If a licence eligibility order has effect with respect to a disqualification in respect of more than one offence and different periods are specified in column 4 of the Table in Schedule 1B in relation to those offences, the longest period so specified is the relevant period for the purpose of calculating the specified period under subsection (4).
(7) The specified period must be taken to begin on the first granting of a driver licence or learner permit that is subject to the alcohol interlock condition.
(8) If more than one alcohol interlock condition direction has been given in respect of a person, the periods specified in those directions under subsection (4) operate concurrently.
S. 50AAA(9) repealed by No. 7/2019 s. 15(3).
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S. 50AAAB inserted by No. 49/2014 s. 19.