Victorian Current Acts Victorian Current ActsS. 89C(1) amended by No. 7/2019 s. 30.
(1) Subject to subsection (2), a court, in addition to making an order under section 89(1), (3) or (4), may make a finding that the offence was committed while the offender was under the influence of alcohol or a drug, or both alcohol and a drug, which contributed to the offence.
(2) If a person is found guilty or convicted of an offence under section 318(1) of the Crimes Act 1958 in respect of which the culpable driving is constituted by behaviour referred to in paragraph (c) or (d) or in both paragraphs (c) and (d) of section 318(2) of that Act, in addition to making an order under section 89(1) the court must make a finding that the offence was committed while the offender was under the influence of alcohol or a drug, or both alcohol and a drug, (as the case requires) which contributed to the offence.
(3) If a finding of a kind referred to in subsection (2) is not made in the circumstances to which that subsection applies, the relevant finding must be taken to have been made.
Note to s. 89C amended by No. 49/2019 s. 186(Sch. 4 item 37.6).
Note
Particulars of any finding made by a court under this section must be sent immediately to the Secretary to the Department of Transport—see section 87Q.
S. 89D substituted by No. 56/2013 s. 32.