Offences and immobilisation orders
50AAD Offences and immobilisation orders
S. 50AAD(1) amended by No. 5/2016 s. 36(Sch. 1 item 23).
A person whose driver licence or learner permit is subject to an alcohol interlock condition is guilty of an offence if—
the person breaches that condition; or
the person drives a motor vehicle with an approved alcohol interlock in accordance with that condition but the motor vehicle has been started—
with the approved alcohol interlock disengaged; or
in a way that does not comply with the manufacturer's instructions for the use of the approved alcohol interlock; or
in a way other than by the person blowing directly into the appropriate part of the approved alcohol interlock.
Note
Sections 50AAH and 50AAI may affect whether a person has breached the condition.
S. 50AAD(1A) inserted by No. 30/2021 s. 49(1).
An interstate licence or permit holder who is subject to an interstate alcohol interlock requirement is guilty of an offence if—
the person breaches that requirement; or
the person drives a motor vehicle with an alcohol interlock but the motor vehicle has been started—
with the alcohol interlock disengaged; or
in a way that does not comply with the manufacturer's instructions for the use of the alcohol interlock; or
in a way other than by the person blowing directly into the appropriate part of the alcohol interlock.
S. 50AAD(2) substituted by No. 41/2020 s. 39, amended by No. 30/2021 s. 49(2).
A person who is guilty of an offence against subsection (1) or (1A) is liable to a penalty not exceeding 240 penalty units or to imprisonment for not more than 2 years.
S. 50AAD(3) amended by No. 93/2009 s. 16(1)(b).
If—
a person breaches an alcohol interlock condition by driving a motor vehicle with a type of alcohol interlock—
the approval of which is cancelled under section 50AAH; or
S. 50AAD (3)(a)(ia) inserted by No. 49/2014 s. 22(1).
that ceased to be approved before it was installed because of a variation under section 50AAH of the approval of that type of alcohol interlock; or
S. 50AAD (3)(a)(ii) amended by No. 93/2009 s. 16(1)(a).
that is installed or maintained by a person or body whose approval as an alcohol interlock supplier is cancelled or suspended under section 50AAI; or
S. 50AAD (3)(a)(iii) amended by No. 93/2009 s. 16(1)(a).
that is installed or maintained by a person or body who would be authorised by an approved alcohol interlock supplier except that the supplier's approval is cancelled or suspended under section 50AAI; and
the person is charged with an offence against subsection (1)(a) in respect of that breach—
it is a defence if the person proves that he or she reasonably believed at the time of the breach that the type of alcohol interlock was an approved alcohol interlock, or the person or body was an approved alcohol interlock supplier whose approval was in force or authorised by such a supplier, as the case may be.
S. 50AAD(3A) inserted by No. 49/2014 s. 22(2).
To avoid doubt, a type of alcohol interlock, or a version of a type of alcohol interlock, the approval of which is limited to a specified type of motor vehicle is not an approved alcohol interlock in relation to any other type of motor vehicle.
S. 50AAD(3B) inserted by No. 30/2021 s. 49(3).
A person who holds a driver licence or learner permit that is subject to an alcohol interlock condition does not commit an offence under subsection (1) if—
the person drives a motor vehicle that is not fitted with an alcohol interlock while—
undergoing a driving assessment; or
under the supervision of a driving instructor; and
the person drives the vehicle in accordance with any regulations.
S. 50AAD(4) amended by Nos 30/2021 s. 49(4), 34/2023 s. 58(2).
A court finding a person guilty, or convicting a person, of an offence against subsection (1)(b) or (1A)(b) may, if the court considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months.
An order under subsection (4) may be made subject to specified conditions.
The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person.
If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made.
On the return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order.
S. 50AAE inserted by No. 1/2002 s. 7.
This provision refers to the regulations (any regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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