Contravening interlock condition
33A Contravening interlock condition
A person commits an offence if the person––
holds a driver licence with an interlock condition; and
engages in conduct that contravenes the interlock condition; and
is reckless about whether the conduct contravenes the interlock condition.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
If the person is convicted, or found guilty, by a court of an offence against subsection (1), the licence is automatically cancelled unless the court orders otherwise.
If the licence is cancelled under subsection (2), the cancellation takes effect from the time of the conviction or finding or, if the court orders a later date, on the later date.
Subsection (2) does not apply if the licence is cancelled under another provision of the road transport legislation.
Under the Road Transport (General) Act 1999, s 66 (1) the disqualification of a person from holding or obtaining a driver licence (whether or not by order of a court) operates to cancel any driver licence held by the person.
If the person’s licence is cancelled under subsection (2), the person is disqualified from applying for, or being issued with, another driver licence with an interlock condition for the remainder of the disqualification period.
In this section:
disqualification period––see the Road Transport (Driver Licensing) Regulation 2000, section 73S.
interlock condition––see the Road Transport (Driver Licensing) Regulation 2000, section 73W.
This Act’s bill:Explanatory statementSecond reading speech
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