Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021

Despite regulation 28, the Registrar must issue a driver licence as an interlock licence if the Registrar is to issue the driver licence to a person who – applied for the driver licence to replace an Australian driver licence that was cancelled as a consequence of the person being convicted of an offence specified in subregulation (2), unless the person – was the holder of a learner licence at the time the offence was committed; and at the time the offence was committed, did not also hold a driver licence of a type other than a learner licence; or has a court order authorising the issue of a restricted driver licence to the person after his or her Australian driver licence was suspended or cancelled as a consequence of being convicted of a subsequent offence within the meaning of section 17 of the Road Safety (Alcohol and Drugs) Act 1970; or applied for the driver licence to replace an Australian driver licence that expired or was cancelled for any reason if the latter driver licence was an interlock licence and the I condition on the interlock licence had not been revoked by the Registrar under regulation 71 before the interlock licence expired or was cancelled.

Subregulation (1) applies to the following offences:an offence under the Road Safety (Alcohol and Drugs) Act 1970 that involves a blood alcohol concentration of 0.15 or greater; a subsequent offence, within the meaning of section 17 of the Road Safety (Alcohol and Drugs) Act 1970, if the previous offence and the subsequent offence both occur within a 5-year period; an offence in respect of a failure to comply with a direction made under section 10(4) of the Road Safety (Alcohol and Drugs) Act 1970; an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 for driving under the influence of intoxicating liquor; an offence in another jurisdiction that substantially corresponds to an offence referred to in this subregulation.

Nothing in this regulation affects the Registrar's discretion to impose any condition, including an I condition, on any driver licence in any other circumstance.