Victorian Current Acts Victorian Current ActsSchedule 1B—Alcohol interlock requirement
Table
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Column 3 Whether giving of alcohol interlock condition direction mandatory or discretionary |
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1 |
Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) |
Before 13 May 2002 |
Mandatory, subject to section 50AAAE |
6 months |
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2 |
Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was a first or second offence |
On or after 13 May 2002 but before 22 December 2004 |
Mandatory for a first offence, subject to section 50AAAE; Mandatory for a second offence |
6 months |
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3 |
Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was a third or subsequent offence |
On or after 13 May 2002 but before 22 December 2004 |
Mandatory |
3 years |
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Column 3 Whether giving of alcohol interlock condition direction mandatory or discretionary |
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4 |
Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was a first offence |
On or after 22 December 2004 but before 11 October 2006 |
Mandatory, subject to section 50AAAE |
6 months |
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5 |
Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was not a first offence |
On or after 22 December 2004 but before 11 October 2006 |
Mandatory |
3 years |
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6 |
Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was a first offence |
On or after 11 October 2006 |
Mandatory |
6 months |
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7 |
Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was not a first offence |
On or after 11 October 2006 |
Mandatory |
4 years |
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8 |
Offence under section 49(1)(b), (f) or (g) where the level of concentration of alcohol in the blood was 0·15 grams or more per 100 millilitres of blood or in the breath was 0·15 grams or more per 210 litres of exhaled air |
Before 13 May 2002 |
Mandatory, subject to section 50AAAE |
6 months |
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9 |
Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was 0·15 grams or more per 100 millilitres of blood or in the breath was 0·15 grams or more per 210 litres of exhaled air |
On or after 13 May 2002 but before 11 October 2006 |
Mandatory, subject to section 50AAAE |
6 months |
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10 |
Offence under section 49(1)(b), (f) or (g) which was not a first offence |
On or after 13 May 2002 but before 11 October 2006 |
Mandatory |
6 months in the case of a second offence if the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air; 3 years in any other case |
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11 |
Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was 0·15 grams or more per 100 millilitres of blood or in the breath was 0·15 grams or more per 210 litres of exhaled air |
On or after 11 October 2006 |
Mandatory |
6 months |
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12 |
Offence under section 49(1)(b), (f) or (g) which was not a first offence |
On or after 11 October 2006 |
Mandatory |
12 months in the case of a second offence if the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air; 4 years in any other case |
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13 |
Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was 0·07 grams or more per 100 millilitres of blood but less than 0·15 grams per 100 millilitres of blood or in the breath was |
On or after 11 October 2006 but before 1 January 2007 |
Mandatory, subject to section 50AAAE |
6 months |
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Column 3 Whether giving of alcohol interlock condition direction mandatory or discretionary |
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0·07 grams or more per 210 litres of exhaled air but less than 0·15 grams per 210 litres of exhaled air | | | |
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14 |
Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was 0·07 grams or more per 100 millilitres of blood but less than 0·15 grams per 100 millilitres of blood or in the breath was 0·07 grams or more per 210 litres of exhaled air but less than 0·15 grams per 210 litres of exhaled air |
On or after 1 January 2007 but before 1 October 2014 |
Mandatory if at the time of the offence the person was under the age of 26 years or the holder of a probationary driver licence; Mandatory, subject to section 50AAAE, in any other case |
6 months |
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14A |
Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air |
On or after 1 October 2014 |
Mandatory |
6 months |
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14B |
Offence under section 49(1)(bc) |
On or after 1 August 2015 |
Mandatory |
6 months in the case of a first offence; 12 months in the case of a second offence if the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air; 4 years in any other case |
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15 |
An offence referred to in section 89(1) of the Sentencing Act 1991 if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence |
Before 13 May 2002 |
Discretionary |
6 months |
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16 |
An offence referred to in section 89(1) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence |
On or after 13 May 2002 but before 1 October 2014 |
Discretionary |
6 months |
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16A |
An offence referred to in section 89(1) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence |
On or after 1 October 2014 |
Mandatory |
6 months |
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17 |
An offence referred to in section 89(1) of the Sentencing Act 1991 which was not a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence |
On or after 13 May 2002 but before 22 December 2004 |
Mandatory |
6 months in the case of a second offence; 3 years in any other case |
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18 |
An offence referred to in section 89(1) of the Sentencing Act 1991 which was not a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence |
On or after 22 December 2004 but before 11 October 2006 |
Mandatory |
3 years |
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19 |
An offence referred to in section 89(1) of the Sentencing Act 1991 which was not a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence |
On or after 11 October 2006 |
Mandatory |
4 years |
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20 |
An offence referred to in section 89(3) or (4) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence |
On or after 30 September 2013 but before 1 December 2019 |
Discretionary |
6 months |
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20A |
An offence referred to in section 89(3) or (4) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the |
On or after 1 December 2019 |
Mandatory |
6 months |
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influence of alcohol, or both alcohol and a drug, which contributed to the offence | | | |
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21 |
An offence referred to in section 89(3) or (4) of the Sentencing Act 1991 which was not a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence |
On or after 30 September 2013 |
Mandatory |
4 years |
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