Road Safety Act 1986

The Secretary may cancel the approval of a type of alcohol interlock, or of a version of a type of alcohol interlock, under section 50AAE if the Secretary is satisfied that it is appropriate to do so because—

the type of alcohol interlock, or the version of the type of alcohol interlock, is defective to the extent that it is no longer suitable to be approved for the purposes of this Act (whether because the information it records about its use is misleading or for any other reason); or

the type of alcohol interlock, or the version of the type of alcohol interlock, cannot be modified so as to render it capable of recording, in a way that is satisfactory to the Secretary, the identity of a person starting or attempting to start the motor vehicle, whether by the use of a camera or other means; or

since the type of alcohol interlock, or the version of the type of alcohol interlock, was approved, the Secretary has approved one or more other types of alcohol interlocks or one or more other versions of that type of alcohol interlock or one or more versions of other types of alcohol interlocks that the Secretary considers are more suitable to be approved for the purposes of this Act.

only in relation to a specified type of motor vehicle; or

in relation to a specified type of motor vehicle only if the alcohol interlock is modified, in a manner specified by the Secretary, so as to render it capable of recording, in a way that is satisfactory to the Secretary, the identity of a person starting or attempting to start the motor vehicle, whether by the use of a camera or other means; or

in relation to all motor vehicles only if modified as set out in paragraph (b).

To avoid doubt, the Secretary may act under both paragraphs (a) and (b) of subsection (1A) in respect of the same type of alcohol interlock or the same version of a type of alcohol interlock.

If the Secretary cancels the approval of a type of alcohol interlock, or of a version of a type of alcohol interlock, under subsection (1)(a), the Secretary—

must ensure that a notice is published in the Government Gazette, and a newspaper circulating generally throughout Victoria, stating that the approval of the type of alcohol interlock or the version of the type of alcohol interlock is cancelled with effect from a specified day (which must be after both of those notices are published); and

must send a notice to each approved alcohol interlock supplier stating that the approval of the type of alcohol interlock or the version of the type of alcohol interlock is cancelled with effect from that specified day; and

may send a notice to a person whose driver licence or learner permit is subject to an alcohol interlock condition, at the latest address the person has notified to the Secretary, stating that the person breaches the condition if he or she drives a motor vehicle with that type of alcohol interlock or that version of that type of alcohol interlock after the day specified in the notice (which must be at least one month after the notice is sent).

If the Secretary cancels the approval of a type of alcohol interlock, or of a version of a type of alcohol interlock, under subsection (1)(a), a person whose driver licence or learner permit is subject to an alcohol interlock condition breaches the condition if he or she drives a motor vehicle with that alcohol interlock or that version of that alcohol interlock after the later of the following—

the day specified in the notice published under subsection (2)(a);

if the person is sent a notice under subsection (2)(c), the day specified in that notice.

If the Secretary cancels the approval of a type of alcohol interlock or of a version of a type of alcohol interlock under subsection (1)(ab) or (b)—

the Secretary must send a notice to each approved alcohol interlock supplier stating that the approval is cancelled with effect from a specified day; and

an alcohol interlock of that type or version that was installed in a motor vehicle before the specified day is taken to continue to be approved, despite the cancellation, for the purposes of this Act.

If the Secretary varies the approval of a type of alcohol interlock or of a version of a type of alcohol interlock under subsection (1A)—

the Secretary must send a notice to each approved alcohol interlock supplier stating that the approval is varied with effect from a specified day; and

an alcohol interlock of that type or version that was installed in a motor vehicle before the specified day is taken to continue to be approved, despite the variation, for the purposes of this Act.