Persons not required to complete first‑stage behaviour change program
36 Persons not required to complete first‑stage behaviour change program
Reg. 36(1) revoked by S.R. No. 123/2020 reg. 5.
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For the purposes of section 58F(3) of the Act, the following persons are not required to complete a first-stage behaviour change program—
a person who would not otherwise be required to complete a first-stage behaviour change program, except for the person being convicted or found guilty of a corresponding interstate drink-driving offence (or any other offence in another State or a Territory that resulted in the imposition of an alcohol interlock condition in that other jurisdiction) that was committed before 30 April 2018;
a person referred to in section 31KB(1)(a) of the Act;
Reg. 36(2)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).
a person who is exempted from the requirement to complete a first-stage behaviour change program by the Secretary because the Secretary is satisfied that the person completed a rehabilitation, education or behaviour change program required to be completed in another jurisdiction with respect to the relevant offence.
Reg. 36(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).
A person, on application to the Secretary, may be exempted from the requirement to complete a first-stage behaviour change program if there are exceptional circumstances that would make it unreasonable to require the person to complete the program.
Reg. 36(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).
On receipt of an application under subregulation (3), the Secretary may in writing exempt the applicant from the requirement to complete a first‑stage behaviour change program if satisfied that the exceptional circumstances referred to in that subregulation apply to the applicant.
Reg. 36(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).
If a person commits 2 or more offences arising from the same set of circumstances, the Secretary may only require the person to complete a first‑stage behaviour change program in respect of one of those offences.
For the purposes of subregulation (5), the same set of circumstances is constituted by one continuous period during which a person continues to drive or be in charge of a motor vehicle.
Reg. 36(7) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).
If a person commits 2 or more offences that are heard together in court, the Secretary may only require the person to complete a first-stage behaviour change program in respect of one of those offences.
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