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reg 71

Revocation of I condition

In force
Part 5Mandatory Alcohol Interlock Program

71 Revocation of I condition

If the Registrar is satisfied that a holder of an interlock licence has successfully completed the period specified in regulation 68(2)(b)(i) or regulation 68(2)(c), the Registrar is to notify the holder of the interlock licence that he or she is eligible to apply under regulation 33(9) for the I condition to be revoked.

Nothing in subregulation (1) prevents the Registrar from taking into account – a lockout recorded in monitoring data received in respect of a holder of an interlock licence after the Registrar has notified the licence holder under subregulation (1) but before the I condition is revoked; or an offence under the Road Safety (Alcohol and Drugs) Act 1970 relating to alcohol that was committed by, or a conviction was recorded in respect of, a licence holder after the Registrar has notified the licence holder under subregulation (1) but before the I condition is revoked.

An application for the revocation of an I condition from an interlock licence is to be – in a form approved by the Registrar; and accompanied by each relevant applicable scheduled fee for the application.

If the Registrar is not satisfied of the matters referred to in regulation 68, the Registrar is to refuse the application and refund each applicable schedule fee paid with the application.

If an application is refused under subregulation (4) due to the Registrar not being satisfied of all the matters referred to in regulation 68, the Registrar is to notify the applicant under subregulation (1) when the applicant is next eligible under regulation 68 to have the condition revoked.

Nothing in this regulation, or in regulation 68, prevents the Registrar from – requiring further evidence of the matters specified in regulation 68, or any other matter that the Registrar considers relevant in the circumstances, before deciding whether or not to remove the I condition from an interlock licence; or refusing to remove an I condition from an interlock licence, even if the Registrar is satisfied of the matters specified in regulation 68, if the Registrar believes it appropriate in the circumstances that the person should continue to hold an interlock licence.

A decision of the Registrar to refuse an application under this regulation is not an administrative decision for the purposes of the Vehicle and Traffic (Review of Decisions) Regulations 2021.

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