Road Safety Act 1986

A person who holds a driver licence or learner permit that is subject to an alcohol interlock condition may apply to the Secretary for the removal of the alcohol interlock condition if—

the minimum period of each and every alcohol interlock condition given in respect of the person has elapsed including—

in the case of an alcohol interlock condition imposed under section 31KA—the relevant period referred to in section 31KA(4); and

in the case of an alcohol interlock condition imposed under section 31KB—the relevant period referred to in section 31KB(4); and

in the case of an alcohol interlock condition imposed pursuant to an alcohol interlock condition direction given to the Secretary by the Magistrates' Court—the specified period of the alcohol interlock condition direction; and

the person can supply, or cause to be supplied, a report that complies with subsection (3); and

if required under the regulations to complete a second-stage behaviour change program, the person has completed the second-stage behaviour change program specified in the notice given to the person under section 58E.

A report referred to in subsection (1)(b) must—

contain data that indicates compliance with any prescribed alcohol interlock usage data requirements during a period that ends with the most recent data and extends back long enough to show at least 6 months' data collected over a continuous period or, if the regulations so permit, a non‑continuous period of a kind specified in the regulations; and

be prepared in accordance with the regulations.

For the purposes of subsection (3), the data referred to in paragraph (a) of that subsection must include data provided by each approved alcohol interlock supplier who maintained, or authorised a person or body to maintain, the approved alcohol interlock during the period covered by the report.

An application must—

be in the form approved by the Secretary; and

be accompanied by—

the prescribed application fee (if any); and

the report referred to in subsection (1)(b) or a statement that the report is to be sent directly to the Secretary by the approved alcohol interlock supplier; and

if the person is required under the regulations to complete a second‑stage behaviour change program—

a certificate of completion certifying that the person has completed the second-stage behaviour change program specified in the notice under section 58E; or

a statement that the certificate is to be sent directly to the Secretary by the approved provider of the program; and

any other things that are prescribed.

The Secretary may decide to remove an alcohol interlock condition if the Secretary is satisfied that the applicant has met the prescribed alcohol interlock usage data requirements.

A decision under subsection (5) may be made by the Secretary—

on the basis of the report that accompanied, or is referred to in, the application and any matters that appear in records kept by the Secretary; and

without conducting any hearing or investigation into the matter.

In calculating for the purposes of subsection (1)(a) whether the period within which the person is prevented from applying under this section has elapsed, the Secretary must not count—

any period during which the driver licence or learner permit is suspended; or

any period during which the applicant did not hold a driver licence or learner permit.

If the Secretary decides not to remove an alcohol interlock condition on an application under this section, the Secretary must give the applicant a written notice that states—

the Secretary's decision; and

the reasons for the decision; and

any action that the applicant may consider taking.

Action referred to in subsection (7)(c) includes—

if the only reason for the refusal is that the period within which the person is prevented from applying under this section, when calculated in accordance with subsection (6) of this section, has not elapsed or that the application does not show at least 6 months' data on the usage by the applicant of the approved alcohol interlock, that the applicant may re‑apply to the Secretary when that period has elapsed or at least 6 months' data can be shown, as the case requires; and

that if a reason for the refusal is the one specified in section 50AAAC(2) or (2A), that the applicant may apply to the Magistrates' Court under section 50AAAC for a direction under that section; and

that the applicant may apply to the Secretary under the regulations for an internal review of the decision.

If an alcohol interlock condition is imposed under section 31KB and the relevant period referred to in section 31KB(4) is less than 6 months, a requirement under subsection (3)(a) and (8)(b) to show at least 6 months' data is taken to have been met if the applicant can show data indicating compliance over that relevant period.