Victorian Current Acts Victorian Current ActsS. 50AAI(1) amended by Nos 93/2009 s. 16(1)(d), 49/2019 s. 116(Sch. 1 item 111).
(1) The Secretary may, by giving written notice to an approved alcohol interlock supplier, cancel or suspend the supplier's approval under section 50AAE if the Secretary is satisfied that it is appropriate to do so because the supplier—
(a) has failed to comply with one or more conditions of the approval; or
S. 50AAI
(1)(ab) inserted by No. 49/2014 s. 27,
amended by No. 49/2019 s. 116(Sch. 1 item 111).
(ab) has failed to collect, or pay to the Secretary, a cost recovery fee as required by section 50AAKA or the regulations made for the purposes of that section; or
(b) is no longer supplying, installing or maintaining alcohol interlocks.
S. 50AAI(2) amended by Nos 93/2009 s. 16(1)(e)(i), 49/2019 s. 116(Sch. 1 item 111).
(2) If the Secretary cancels or suspends the approval of an alcohol interlock supplier, the Secretary—
S. 50AAI(2)(a) amended by No. 93/2009 s. 16(1)(e)(ii).
(a) must ensure that a notice is published in the Government Gazette, and a newspaper circulating generally throughout Victoria, stating that the approval of the alcohol interlock supplier is cancelled or suspended (as the case requires) with effect from a specified day (which must be after both of those notices are published); and
S. 50AAI(2)(b) amended by Nos 5/2016 s. 36(Sch. 1 item 25), 49/2019 s. 116(Sch. 1 item 111).
(b) may send a notice to a person whose driver licence or learner permit is subject to an alcohol interlock condition, at the latest address that the person has notified to the Secretary, stating that the person breaches the condition if—
(i) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle; and
(ii) the person drives the motor vehicle with that approved alcohol interlock—
after the day specified in the notice (which must be at least one month after the notice is sent).
S. 50AAI(3) amended by Nos 5/2016 s. 36(Sch. 1 item 25), 49/2019 s. 116(Sch. 1 item 111).
(3) If the Secretary cancels the approval of an alcohol interlock supplier, a person whose driver licence or learner permit is subject to an alcohol interlock condition breaches the condition if—
(a) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle after the later of the following—
(i) the day specified in the notice published under subsection (2)(a); or
(ii) if the person is sent a notice under subsection (2)(b), the day specified in the notice; and
(b) the person drives the motor vehicle with that approved alcohol interlock after the later of those days.
S. 50AAI(3A) inserted by No. 93/2009 s. 16(2), amended by Nos 5/2016 s. 36(Sch. 1 item 25), 49/2019 s. 116(Sch. 1 item 111).
(3A) If the Secretary suspends the approval of an alcohol interlock supplier, a person whose driver licence or learner permit is subject to an alcohol interlock condition breaches the condition if—
(a) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle after the later of the following and before the end of the period of suspension—
(i) the day specified in the notice published under subsection (2)(a); or
(ii) if the person is sent a notice under subsection (2)(b), the day specified in the notice; and
(b) the person drives the motor vehicle with that approved alcohol interlock after the later of those days and before the end of the period of suspension.
S. 50AAI(4) amended by No. 93/2009 s. 16(1)(f)(g), repealed by No. 56/2013 s. 25(4).
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Note to s. 50AAI inserted by No. 56/2013 s. 25(5).
Note
Under section 50AAD(3), a person who breaches an alcohol interlock condition because the approval of an alcohol interlock supplier has been cancelled or suspended has a defence if the person proves that he or she reasonably believed that the supplier was approved or that the supplier's approval was in force (as the case requires).
S. 50AAIA inserted by No. 93/2009 s. 18 (as amended by No. 29/2011 s. 3(Sch. 1 item 101)).