Road Safety Amendment Act 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety Amendment Act 2014 No. 49 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 3 Principal Act 4 PART 2—NEW COMBINED DRINK AND DRUG DRIVING OFFENCES 5 4 Who must obtain a licence eligibility report? 5 5 Procedure on hearing of application for licence eligibility order 5 6 Interpretative provisions 5 7 Offences involving alcohol or other drugs 5 8 Provisions about cancellation and disqualification 9 9 Previous convictions 9 10 Driver education programs 9 11 Immediate suspension of driver licence or permit in certain circumstances 10 12 Breath analysis 10 13 Alcohol interlock requirement 11 14 New Schedule 1AB inserted 11 SCHEDULE 1AB—Minimum Disqualification Periods for Combined Drink and Drug Driving Offences 11 PART 3—ALCOHOL INTERLOCKS 13 15 Appeal to Magistrates' Court 13 16 Licence eligibility orders 13 17 New section 31KA inserted 14 31KA Administrative scheme for imposing alcohol interlock condition 14 18 Provisions about cancellation and disqualification 17 19 New sections 50AAAB to 50AAAD inserted 20 50AAAB Administrative scheme for removal of alcohol interlock condition 20 50AAAC Application to Magistrates' Court for direction 23 -- 1 of 72 -- Section Page ii Authorised by the Chief Parliamentary Counsel 50AAAD Exemption from, or removal of, alcohol interlock condition on medical grounds 26 20 Court removal of alcohol interlock condition 27 21 Effect of alcohol interlock condition removal order 29 22 Offences and immobilisation orders 30 23 Approval of types of alcohol interlocks and alcohol interlock suppliers 30 24 Conditions on approvals 31 25 Guidelines 34 26 Cancellation of approval of types of alcohol interlocks 34 27 Cancellation or suspension of approval of alcohol interlock supplier 37 28 Review by Tribunal 37 29 New section 50AAKA inserted 38 50AAKA Cost recovery fees 38 30 Previous convictions 40 31 Zero blood or breath alcohol 41 32 Cancellation of licence or permit for drink-driving infringements 41 33 Assessment report requirement 42 34 Alcohol interlock requirement 43 35 Subject-matter for regulations 44 36 Minor amendments 45 37 Amendments consequential on this Part 46 PART 4—MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT 49 Division 1—Vehicle impoundment, immobilisation and forfeiture 49 38 Definitions 49 39 Meaning of second or subsequent offence 50 40 Surrender of motor vehicle 51 41 Powers of persons authorised by Victoria Police 51 42 Appeal rights 51 43 Voluntary abandonment of motor vehicle 51 Division 2—Motor cycle licence 52 44 Mandatory carriage of driver licence by certain motor cycle riders 52 45 Zero blood or breath alcohol 53 46 Production of motor cycle licence document 53 Division 3—Recovery of costs 53 47 Removal of vehicles obstructing driveways etc. 53 -- 2 of 72 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 5—MISCELLANEOUS 54 Division 1—Extension of access arrangements under Rail Management Act 1996 54 48 Access arrangements 54 Division 2—Amendments to other Acts consequential on new combined drink and drug driving offences 54 Subdivision 1—Accident Compensation Act 1985 54 49 Entitlement to compensation 54 50 New section 82BA inserted 55 82BA Circumstances in which weekly payments are reduced because of combined drink and drug driving offence 55 51 No entitlement to compensation where conviction for certain serious road traffic offences 56 52 Where conviction or finding of guilt overturned 57 53 Access to information 57 Subdivision 2—Transport Accident Act 1986 58 54 Circumstances in which certain compensation is not payable or is reduced 58 Subdivision 3—Workplace Injury Rehabilitation and Compensation Act 2013 60 55 Entitlement to compensation 60 56 New section 43A inserted 60 43A Circumstances in which weekly payments are reduced because of combined drink and drug driving offence 60 57 No entitlement to compensation where conviction for certain serious road traffic offences 62 58 If conviction or finding of guilt overturned 62 59 Access to information 63 Division 3—Transitional provisions 63 60 New section 103ZI inserted 63 103ZI Transitional provisions—Road Safety Amendment Act 2014 63 Division 4—Statute law revision 66 61 Transport (Compliance and Miscellaneous) Act 1983 66 62 Principal Act 66 63 Rail Safety (Local Operations) Act 2006 67 -- 3 of 72 -- Section Page iv Authorised by the Chief Parliamentary Counsel Division 5—Repeal of amending Act 67 64 Repeal of amending Act 67 ═══════════════ ENDNOTES 68 -- 4 of 72 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Road Safety Amendment Act 2014 † No. 49 of 2014 [Assented to 1 July 2014] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to create new offences for driving with both alcohol and drugs present in the body and to make consequential amendments to certain Acts; and Victoria -- 5 of 72 -- Part 1—Preliminary Road Safety Amendment Act 2014 No. 49 of 2014 2 Authorised by the Chief Parliamentary Counsel (b) to expand the circumstances in which a driver— (i) will have his or her driver licence or learner permit cancelled, or be disqualified from obtaining one, for a drink-driving offence; and (ii) will be subject to a zero blood or breath alcohol requirement or an alcohol interlock requirement when driving; and (c) to empower the Roads Corporation— (i) to impose or remove alcohol interlock conditions on driver licences or learner permits in certain circumstances; and (ii) to exempt certain persons from a requirement to have an alcohol interlock condition imposed on their driver licence or learner permit; and (iii) to require certain approved alcohol interlocks to be capable of recording the identity of users; and (iv) to impose revised inspection, record- keeping and other conditions on approved alcohol interlock suppliers; and (v) to impose cost recovery fees on persons who have had an approved alcohol interlock installed in a motor vehicle and provide for its collection; and (d) to empower the Magistrates' Court to determine whether a particular person is responsible for an attempt to start a motor vehicle that failed because the alcohol interlock prevented the motor vehicle from s. 1 -- 6 of 72 -- Part 1—Preliminary Road Safety Amendment Act 2014 No. 49 of 2014 3 Authorised by the Chief Parliamentary Counsel being started as a result of it detecting alcohol; and (e) to expand the vehicle impoundment scheme to cover certain first offences involving drink-driving or the new combined drink and drug driving offences; and (f) to increase from 1 to 3 years the zero blood or breath alcohol requirement for motor cyclists who already hold a licence to drive a car and expand the circumstances in which motor cyclists must carry their driver licence; and (g) to provide for the continuation beyond their current expiry date of binding access arrangements under Division 3 of Part 2A of the Rail Management Act 1996. 2 Commencement (1) This Part and Division 4 of Part 5 (except section 61(1) and (2)) come into operation on the day after the day on which this Act receives the Royal Assent. (2) Sections 33 and 34 and Division 2 of Part 4 come into operation on 1 October 2014. (3) Part 2, Division 1 of Part 4 and Division 2 of Part 5 come into operation on 1 August 2015. (4) Section 61(1) and (2) come into operation on the day on which section 3 of the Road Legislation Amendment Act 2013 comes into operation. (5) Subject to subsection (6), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (6) If a provision referred to in subsection (5) does not come into operation before 1 October 2014, it comes into operation on that day. s. 2 -- 7 of 72 -- Part 1—Preliminary Road Safety Amendment Act 2014 No. 49 of 2014 4 Authorised by the Chief Parliamentary Counsel 3 Principal Act In this Act, the Road Safety Act 1986 is called the Principal Act. __________________ s. 3 See: Act No. 127/1986. Reprint No. 15 as at 20 February 2013 and amending Act Nos 19/1991, 34/2011, 75/2012, 76/2012, 22/2013, 30/2013, 43/2013, 55/2013, 56/2013, 67/2013, 70/2013 and 74/2013. LawToday: www. legislation. vic.gov.au -- 8 of 72 -- Part 2—New Combined Drink and Drug Driving Offences Road Safety Amendment Act 2014 No. 49 of 2014 5 Authorised by the Chief Parliamentary Counsel PART 2—NEW COMBINED DRINK AND DRUG DRIVING OFFENCES 4 Who must obtain a licence eligibility report? In section 31E(2)(a) of the Principal Act— (a) after "(ba)," insert "(bc),"; (b) for "or (ea)" substitute ", (ea) or (j)". 5 Procedure on hearing of application for licence eligibility order In section 31H(b)(i) of the Principal Act, after "drugs" insert "or both alcohol and drugs". 6 Interpretative provisions (1) In section 48(1) of the Principal Act— (a) in paragraph (a), for "or (b)" substitute ", (b) or (bc)"; (b) in paragraph (ac), after "(bb)" insert "or (bc)". (2) In section 48(1A) of the Principal Act, for "or (g)" substitute ", (g) or (j)". (3) In section 48(1B) of the Principal Act, for "or (i)" substitute ", (i) or (j)". 7 Offences involving alcohol or other drugs (1) After section 49(1)(bb) of the Principal Act insert— "(bc) drives a motor vehicle or is in charge of a motor vehicle while both— (i) the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; and s. 4 -- 9 of 72 -- Part 2—New Combined Drink and Drug Driving Offences Road Safety Amendment Act 2014 No. 49 of 2014 6 Authorised by the Chief Parliamentary Counsel (ii) the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid; or". (2) In section 49(1)(i)(ii) of the Principal Act, for "vehicle." substitute "vehicle; or". (3) After section 49(1)(i) of the Principal Act insert— "(j) has had a sample of blood taken from him or her in accordance with section 55, 55B, 55E or 56 within 3 hours after driving or being in charge of a motor vehicle and— (i) the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 57 and the analyst has found that at the time of analysis both— (A) the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and (B) a prescribed illicit drug was present in that sample in any concentration; and (ii) the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle; and (iii) the presence of the drug in that sample was not due solely to the consumption or use of that drug after driving or being in charge of the motor vehicle.". s. 7 -- 10 of 72 -- Part 2—New Combined Drink and Drug Driving Offences Road Safety Amendment Act 2014 No. 49 of 2014 7 Authorised by the Chief Parliamentary Counsel (4) After section 49(3AAA) of the Principal Act insert— "(3AAB) A person who is guilty of an offence under paragraph (bc) or (j) of subsection (1), other than an accompanying driver offence, is liable— (a) in the case of a first offence, to a fine of not more than 30 penalty units; and (b) in the case of a second offence— (i) to a fine of not more than 90 penalty units or to imprisonment for a term of not more than 6 months if the concentration of alcohol— (A) in the person's blood was less than 0⋅15 grams per 100 millilitres of blood; or (B) in the person's breath was less than 0⋅15 grams per 210 litres of exhaled air— as the case requires; or (ii) to a fine of not more than 180 penalty units or to imprisonment for a term of not more than 12 months if the concentration of alcohol— (A) in the person's blood was 0⋅15 grams or more per 100 millilitres of blood; or (B) in the person's breath was 0⋅15 grams or more per 210 litres of exhaled air— as the case requires; and s. 7 -- 11 of 72 -- Part 2—New Combined Drink and Drug Driving Offences Road Safety Amendment Act 2014 No. 49 of 2014 8 Authorised by the Chief Parliamentary Counsel (c) in the case of any other subsequent offence— (i) to a fine of not more than 180 penalty units or imprisonment for a term of not more than 12 months if the concentration of alcohol— (A) in the person's blood was less than 0⋅15 grams per 100 millilitres of blood; or (B) in the person's breath was less than 0⋅15 grams per 210 litres of exhaled air— as the case requires; or (ii) to a fine of not more than 270 penalty units or to imprisonment for a term of not more than 18 months if the concentration of alcohol— (A) in the person's blood was 0⋅15 grams or more per 100 millilitres of blood; or (B) in the person's breath was 0⋅15 grams or more per 210 litres of exhaled air— as the case requires.". (5) In section 49(5) of the Principal Act, for "or (i)" substitute ", (i) or (j)". (6) In section 49(6) of the Principal Act, for "or (g)" substitute ", (g) or (j)". (7) In section 49(6A) of the Principal Act, for "or (i)" substitute ", (i) or (j)". (8) In section 49(7)(c) of the Principal Act, after "(g)" insert "or (j)". s. 7 -- 12 of 72 -- Part 2—New Combined Drink and Drug Driving Offences Road Safety Amendment Act 2014 No. 49 of 2014 9 Authorised by the Chief Parliamentary Counsel 8 Provisions about cancellation and disqualification After section 50(1AC) of the Principal Act insert— "(1AD) On convicting a person, or finding a person guilty, of an offence under section 49(1)(bc) or (j), the court must, if the offender holds a driver licence or permit, cancel that licence or permit and, whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than— (a) in the case of a first offence, the period specified in Column 2 of Schedule 1AB ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule; and (b) in the case of a subsequent offence, the period specified in Column 3 of Schedule 1AB ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule.". 9 Previous convictions In column 1 of the Table in section 50AA of the Principal Act, before "(1B)" insert "(1AD),". 10 Driver education programs After section 50A(1A) of the Principal Act insert— "(1B) The Corporation must not issue a driver licence or learner permit to a person whose driver licence or learner permit is cancelled, or who is disqualified from obtaining a s. 8 -- 13 of 72 -- Part 2—New Combined Drink and Drug Driving Offences Road Safety Amendment Act 2014 No. 49 of 2014 10 Authorised by the Chief Parliamentary Counsel driver licence or learner permit, on conviction, or on being found guilty, of an offence under section 49(1)(bc) or (j) unless it is satisfied that the person has completed an accredited driver education program.". 11 Immediate suspension of driver licence or permit in certain circumstances (1) In section 51(1)(a) of the Principal Act— (a) after "(b)," insert "(bc),"; (b) for "or (g)" substitute ", (g) or (j)". (2) In section 51(1B)(a) of the Principal Act, for "(f) or (g)" substitute "(bc), (f), (g) or (j)". (3) In section 51(3)(b)(ii) of the Principal Act, after "Schedule 1" insert "or of Schedule 1AB (as the case requires)". 12 Breath analysis In section 55(2) of the Principal Act, for "or (b)" substitute ", (b) or (bc)". s. 11 -- 14 of 72 -- Part 2—New Combined Drink and Drug Driving Offences Road Safety Amendment Act 2014 No. 49 of 2014 11 Authorised by the Chief Parliamentary Counsel 13 Alcohol interlock requirement In Schedule 1B to the Principal Act, before item 15 insert— "14B Offence under section 49(1)(bc) or (j) On or after 1 August 2015 Mandatory 6 months in the case of a first offence; 12 months in the case of a second offence if the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air; 4 years in any other case". 14 New Schedule 1AB inserted After Schedule 1A to the Principal Act insert— "SCHEDULE 1AB Section 50(1AD) MINIMUM DISQUALIFICATION PERIODS FOR COMBINED DRINK AND DRUG DRIVING OFFENCES Column 1 Column 2 Column 3 Concentration of alcohol in blood in grams per 100 millilitres of blood or in breath in grams per 210 litres of exhaled air First offence Subsequent offence less than ⋅07 12 months 24 months ⋅07 or more but less than ⋅08 12 months 26 months ⋅08 or more but less than ⋅09 12 months 28 months ⋅09 or more but less than ⋅10 12 months 30 months s. 13 -- 15 of 72 -- Part 2—New Combined Drink and Drug Driving Offences Road Safety Amendment Act 2014 No. 49 of 2014 12 Authorised by the Chief Parliamentary Counsel Column 1 Column 2 Column 3 Concentration of alcohol in blood in grams per 100 millilitres of blood or in breath in grams per 210 litres of exhaled air First offence Subsequent offence ⋅10 or more but less than ⋅11 16 months 32 months ⋅11 or more but less than ⋅12 17 months 34 months ⋅12 or more but less than ⋅13 18 months 36 months ⋅13 or more but less than ⋅14 19 months 38 months ⋅14 or more but less than ⋅15 20 months 40 months ⋅15 or more but less than ⋅16 21 months 42 months ⋅16 or more but less than ⋅17 22 months 44 months ⋅17 or more but less than ⋅18 23 months 46 months ⋅18 or more but less than ⋅19 24 months 48 months ⋅19 or more but less than ⋅20 25 months 50 months ⋅20 or more but less than ⋅21 26 months 52 months ⋅21 or more but less than ⋅22 27 months 54 months ⋅22 or more but less than ⋅23 28 months 56 months ⋅23 or more but less than ⋅24 29 months 58 months ⋅24 or more 30 months 60 months __________________". __________________ s. 14 -- 16 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 13 Authorised by the Chief Parliamentary Counsel PART 3—ALCOHOL INTERLOCKS 15 Appeal to Magistrates' Court (1) After section 26(3) of the Principal Act insert— "(3A) The Magistrates' Court must cause particulars of any decision made by it on an appeal under this section to be sent immediately to the Corporation.". (2) After section 26(4) of the Principal Act insert— "(5) An appeal does not lie to the Magistrates' Court under this section against a decision of the Corporation— (a) under section 31KA to grant a person to whom that section applies a driver licence or learner permit subject to an alcohol interlock condition; or (b) under section 50AAAB not to remove an alcohol interlock condition imposed by it on a driver licence or learner permit.". 16 Licence eligibility orders (1) For the heading to section 31A of the Principal Act substitute— "Certain disqualified persons require licence eligibility order before applying for licence or permit". (2) At the foot of section 31A(1) of the Principal Act insert— "Note Under section 28B it is an offence for a person disqualified from obtaining a driver licence or learner permit to apply for, or obtain, one.". s. 15 -- 17 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 14 Authorised by the Chief Parliamentary Counsel (3) For section 31A(3) of the Principal Act and the note at the foot of that section substitute— "(3) This section does not apply to a person to whom section 31KA applies.". 17 New section 31KA inserted After section 31K of the Principal Act insert— "31KA Administrative scheme for imposing alcohol interlock condition (1) A person to whom this section applies may make an application to the Corporation for the grant of a driver licence or learner permit without having had a licence eligibility order made in respect of him or her by the Magistrates' Court. (2) This section applies to a person who has been convicted or found guilty, or who by force of section 89A(2) is taken to have been convicted, of an offence under section 49(1)(b), (f) or (g) where— (a) the concentration of alcohol— (i) in the blood of that person was less than 0·10 grams per 100 millilitres of blood; or (ii) in the breath of that person was less than 0·10 grams per 210 litres of exhaled air— as the case requires; and (b) it was that person's first offence; and (c) the person has been disqualified under section 50 or 89C from obtaining a driver licence or learner permit in respect of the offence; and s. 17 -- 18 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 15 Authorised by the Chief Parliamentary Counsel (d) the person has ceased to be so disqualified; and (e) the person is not otherwise required to apply to the Magistrates' Court for a licence eligibility order before applying to the Corporation for the grant of a driver licence or learner permit. Example A is convicted of an offence under section 49(1)(b) of this Act involving a blood alcohol concentration of 0·08 grams per 100 millilitres of blood. A's licence is cancelled and A is disqualified from obtaining a further one for 6 months. After 4 months A is convicted under section 16(b) of the Summary Offences Act 1966 of, while drunk, being in charge of a horse in a public place. The Magistrates' Court, on convicting A of this subsequent offence, makes an order under section 89A of the Sentencing Act 1991 disqualifying A from obtaining a driver licence for 3 months. After ceasing to be disqualified A can only apply to the Corporation for the grant of a driver licence after obtaining a licence eligibility order from the Magistrates' Court. This is because the Summary Offences Act conviction means that an application under section 31KA directly to the Corporation is precluded. This is because A is "otherwise required" to apply for a licence eligibility order as the Summary Offences Act conviction is not covered by the administrative scheme. (3) An application must— (a) be in the form approved by the Corporation; and (b) be accompanied by the relevant fee prescribed by the regulations for the grant of a driver licence or learner permit. (4) The Corporation, if satisfied that the applicant is otherwise qualified to hold the licence or permit, may decide to grant a person to whom this section applies a driver s. 17 -- 19 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 16 Authorised by the Chief Parliamentary Counsel licence or learner permit on the basis of the application made by him or her and any matters that appear in records kept by the Corporation without conducting any hearing or investigation into the matter. (5) The Corporation may only grant under this section a driver licence or learner permit that is subject to an alcohol interlock condition. (6) A person to whom a driver licence or learner permit is granted under this section cannot apply under section 50AAAB for the removal of the alcohol interlock condition imposed on his or her licence or permit during the period of 6 months beginning on the first granting of the licence or permit. (7) If the Corporation decides not to grant a driver licence or learner permit to an applicant under this section, it must give the applicant a written notice that states— (a) the Corporation's decision; and (b) the reasons for the decision; and (c) any action that the applicant may consider taking. (8) Action referred to in subsection (7)(c) includes— (a) that the applicant may apply to the Magistrates' Court for a licence eligibility order if he or she is entitled to then so apply; and (b) if the only reason for the refusal is that the applicant had not ceased to be disqualified from obtaining a driver licence or learner permit, that the applicant may re-apply to the s. 17 -- 20 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 17 Authorised by the Chief Parliamentary Counsel Corporation when he or she has so ceased; and (c) that the applicant may apply to the Corporation under the regulations for an internal review of the decision. (9) Section 50AAA(9) applies for the purposes of this section in the same way and to the same extent as it applies for the purposes of section 50AAA and Schedule 1B.". 18 Provisions about cancellation and disqualification (1) In section 50 of the Principal Act, for subsections (1), (1A), (1AB) and (1AC) substitute— "(1) In this section— sub 05 offence means an offence under section 49(1)(b), (f) or (g) by a person where the concentration of alcohol— (a) in his or her blood was less than 0·05 grams per 100 millilitres of blood; or (b) in his or her breath was less than 0·05 grams per 210 litres of exhaled air; sub 07 offence means an offence under section 49(1)(b), (f) or (g) by a person where the concentration of alcohol— (a) in his or her blood was 0·05 or more, but less than 0·07, grams per 100 millilitres of blood; or (b) in his or her breath was 0·05 or more, but less than 0·07, grams per 210 litres of exhaled air. (1A) Subject to subsections (1AB) and (1AC), on convicting or finding a person guilty of an offence under section 49(1)(b), (f) or (g), the s. 18 -- 21 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 18 Authorised by the Chief Parliamentary Counsel court must, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than— (a) for a first offence— (i) in the case of a sub 05 offence by a person who does not hold a full driver licence or a corresponding licence issued in another State or a Territory of the Commonwealth or another country, 3 months; and (ii) in any other case, the period specified in Column 2 of Schedule 1 ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule; and (b) for a subsequent offence by any person, the period specified in Column 3 of Schedule 1 ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule. (1AB) A court that convicts or finds a person guilty of a sub 05 offence may, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, may disqualify him or her from obtaining one for such time as the court thinks fit, not being more than 6 months, if— s. 18 -- 22 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 19 Authorised by the Chief Parliamentary Counsel (a) the offence is a first offence under section 49(1)(b), (f) or (g); and (b) at the time the offence was committed the person was the holder of a full driver licence or a corresponding driver licence issued in another State or a Territory of the Commonwealth or another country. (1AC) A court that finds a person guilty of a sub 07 offence but does not record a conviction may, if the offender holds a driver licence or learner permit, cancel that licence or permit and, whether or not the offender holds a driver licence or learner permit, may disqualify him or her from obtaining one for such time as the court thinks fit, not being less than 6 months, if— (a) the offence is a first offence under section 49(1)(b), (f) or (g); and (b) at the time the offence was committed, the person— (i) was the holder of a full driver licence or a corresponding driver licence issued in another State or a Territory of the Commonwealth or another country; and (ii) was not under the age of 26 years; and (iii) was not a person to whom section 52 applied or was a person to whom section 52 applied but only because of subsection (1A), (1C), (1D) or (1E) of that section.". s. 18 -- 23 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 20 Authorised by the Chief Parliamentary Counsel (2) For the note at the foot of section 50 of the Principal Act substitute— "Notes 1 Unless section 31KA applies to him or her, a person disqualified under this section needs to obtain a licence eligibility order from the Magistrates' Court before he or she can apply to the Corporation for the grant of a driver licence or learner permit: see section 31A. 2 See section 50AAA and Schedule 1B in relation to the giving of an alcohol interlock condition direction when a person disqualified under this section from obtaining a driver licence or learner permit applies to the Magistrates' Court for a licence eligibility order.". 19 New sections 50AAAB to 50AAAD inserted After section 50AAA of the Principal Act insert— "50AAAB Administrative scheme for removal of alcohol interlock condition (1) A person to whom this section applies may make an application to the Corporation for the removal of an alcohol interlock condition imposed on his or her driver licence or learner permit by the Corporation under section 31KA. (2) This section applies to a person who— (a) holds a driver licence or learner permit granted under section 31KA that— (i) is subject to an alcohol interlock condition imposed under that section; and (ii) is not subject to an alcohol interlock condition imposed because of an alcohol interlock condition direction given to the Corporation by the Magistrates' Court; and s. 19 -- 24 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 21 Authorised by the Chief Parliamentary Counsel (b) is not prevented from applying under this section by section 31KA(6); and (c) can supply, or cause to be supplied, a report that complies with subsection (3). (3) A report referred to in subsection (2)(c) must— (a) contain data that indicates compliance with any prescribed alcohol interlock usage data requirements (other than any specified under item 57AA(f) of Schedule 2) 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 (b) be prepared 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; and (c) be prepared in accordance with the regulations. (4) An application must— (a) be in the form approved by the Corporation; and (b) be accompanied by— (i) the prescribed application fee (if any); and s. 19 -- 25 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 22 Authorised by the Chief Parliamentary Counsel (ii) the report referred to in subsection (2)(c) or a statement that the report is to be sent directly to the Corporation by the approved alcohol interlock supplier; and (iii) any other things that are prescribed. (5) The Corporation may decide to remove an alcohol interlock condition 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 Corporation without conducting any hearing or investigation into the matter. (6) In calculating for the purposes of subsection (2)(b) whether the 6 month period referred to in section 31KA(6) has elapsed, the Corporation must not count— (a) any period during which the driver licence or learner permit is suspended; or (b) any period during which the applicant did not hold a driver licence or learner permit. (7) If the Corporation decides not to remove an alcohol interlock condition on an application under this section, it must give the applicant a written notice that states— (a) the Corporation's decision; and (b) the reasons for the decision; and (c) any action that the applicant may consider taking. s. 19 -- 26 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 23 Authorised by the Chief Parliamentary Counsel (8) Action referred to in subsection (7)(c) includes— (a) that the applicant may apply to the Magistrates' Court for an alcohol interlock condition removal order if he or she is entitled to then so apply; and (b) if the only reason for the refusal is that the period referred to in section 31KA(6), 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 Corporation when that period has elapsed or at least 6 months' data can be shown, as the case requires; and (c) that if a reason for the refusal is the one specified in section 50AAAC(2), that the applicant may apply to the Magistrates' Court under section 50AAAC for a direction under that section; and (d) that the applicant may apply to the Corporation under the regulations for an internal review of the decision. 50AAAC Application to Magistrates' Court for direction (1) This section applies to a person in respect of whom the Corporation has decided not to remove an alcohol interlock condition on an application made by him or her under section 50AAAB for the reason specified in s. 19 -- 27 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 24 Authorised by the Chief Parliamentary Counsel subsection (2), irrespective of whether there was any other reason. (2) The reason is that— (a) data on the usage of an approved alcohol interlock indicates an attempt to start a motor vehicle that failed because the alcohol interlock prevented the motor vehicle from being started as a result of it detecting alcohol; and (b) under the regulations the person is taken to have been responsible for that attempt; and (c) accordingly that attempt itself was sufficient for there not to be compliance with any prescribed alcohol interlock usage data requirements. (3) Subject to subsection (4), the person may apply to the Magistrates' Court for a direction to the Corporation that the applicant was not responsible for the failed attempt referred to in subsection (2). (4) An application to the Magistrates' Court under this section— (a) may be made on giving 28 days written notice of the application and of the venue of the Court at which it is to be heard to— (i) the Chief Commissioner of Police; and (ii) the registrar at that venue of the Court; and (b) must be accompanied by data obtained from the approved alcohol interlock relating to the failed attempt that provides evidence (whether s. 19 -- 28 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 25 Authorised by the Chief Parliamentary Counsel photographic or otherwise) as to the identity of the person who made the attempt. (5) The Magistrates' Court must not deal with, or determine, an application under this section unless it is satisfied that the period referred to in section 31KA(6), when calculated in accordance with section 50AAAB(6), has elapsed. (6) On an application under this section the Magistrates' Court— (a) must hear any relevant evidence tendered by the applicant or the Chief Commissioner of Police; and (b) may direct the Corporation to treat the applicant as not having been responsible for the failed attempt or refuse to give such a direction. (7) The Magistrates' Court must cause particulars of any decision made by it on an application under this section to be sent immediately to the Corporation. (8) The decision of the Magistrates' Court on an application under this section is final and conclusive and must be given effect to by the Corporation. (9) Neither an application under this section nor the decision of the Magistrates' Court on the application operates as a stay of the alcohol interlock condition. s. 19 -- 29 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 26 Authorised by the Chief Parliamentary Counsel 50AAAD Exemption from, or removal of, alcohol interlock condition on medical grounds (1) In this section— recognised speciality has the same meaning as in the Health Practitioner Regulation National Law (Victoria); specialist health practitioner has the same meaning as in the Health Practitioner Regulation National Law (Victoria). (2) The Corporation, in the circumstances set out in subsection (3), may— (a) exempt a person from any requirement imposed by a court or this Act that a driver licence or learner permit may only be granted by it to that person subject to an alcohol interlock condition; or (b) at any time remove an alcohol interlock condition imposed by it on a person's driver licence or learner permit, whether under section 31KA or because of an alcohol interlock condition direction given by the Magistrates' Court. (3) The circumstances are that the holder of the licence or permit has made an application to the Corporation— (a) in the form approved by the Corporation; and (b) accompanied by a report from a specialist health practitioner in an appropriate recognised speciality setting out details of any medical condition of the applicant relevant to the use of an approved alcohol interlock s. 19 -- 30 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 27 Authorised by the Chief Parliamentary Counsel together with particulars of the applicant's lung capacity; and (c) accompanied by any other things that are prescribed; and (d) that otherwise complies with the regulations. (4) The Corporation may only act under subsection (2) if satisfied, on the basis of a report referred to in subsection (3)(b), that the person's medical condition is such as to prevent him or her being able to use an alcohol interlock. (5) Despite an exemption from, or removal of, an alcohol interlock condition granted by the Corporation under this section, section 52 continues to apply to the person during the minimum period during which that section otherwise would have applied had the exemption or removal not been granted. (6) Nothing in this section prevents the Corporation from requiring the applicant to undergo a test under section 27 to determine whether he or she is unfit to drive motor vehicles or a category of motor vehicles. (7) This section has effect despite anything to the contrary in this Part.". 20 Court removal of alcohol interlock condition (1) For the heading to section 50AAB of the Principal Act substitute— "Alcohol interlock condition removal order". (2) Before section 50AAB(4) of the Principal Act insert— "(1) This section does not apply to a person to whom section 50AAAB applies.". s. 20 -- 31 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 28 Authorised by the Chief Parliamentary Counsel (3) In section 50AAB(4B)(b) of the Principal Act, after "person" insert "(including, in the case of an alcohol interlock condition imposed by the Corporation under section 31KA, the period referred to in section 31KA(6))". (4) In section 50AAB(4C) of the Principal Act— (a) after "direction" insert ", or (in the case of an alcohol interlock condition imposed by the Corporation under section 31KA) the period referred to in section 31KA(6),"; and (b) for "may decide not to count" substitute "must not count". (5) In the example at the foot of section 50AAB(4C) of the Principal Act— (a) for "may decide not to count" substitute "must not count"; and (b) for "If it does that," substitute "Therefore". (6) In section 50AAB(5)(a) of the Principal Act, omit ", but at least 6 months,". (7) After section 50AAB(5)(a) of the Principal Act insert— "(ab) contains data that indicates compliance with any prescribed alcohol interlock usage data requirements (other than any specified under item 57AA(f) of Schedule 2) 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". (8) In section 50AAB(5)(b)(i) of the Principal Act, for "that period" substitute "the period referred to in paragraph (a)". s. 20 -- 32 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 29 Authorised by the Chief Parliamentary Counsel (9) After section 50AAB(6)(a) of the Principal Act insert— "(ab) the court must consider whether any prescribed alcohol interlock usage data requirements are satisfied and for that purpose may give a direction under section 50AAAC on an application made under that section or, if one has previously been given, must take that direction into account; and". (10) After section 50AAB(6)(b)(i) of the Principal Act insert— "(ia) whether the person was responsible for any attempt in the whole period since the condition was imposed to start a motor vehicle that failed because an alcohol interlock prevented the motor vehicle from being started as a result of it detecting alcohol and, if so, the number of such attempts; and". 21 Effect of alcohol interlock condition removal order In section 50AACA(1) of the Principal Act— (a) after "the person" insert "(including any imposed by the Corporation under section 31KA)"; and (b) after "removal order" (where secondly occurring) insert ", or decision by the Corporation under section 50AAAB to remove it,". s. 21 -- 33 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 30 Authorised by the Chief Parliamentary Counsel 22 Offences and immobilisation orders (1) After section 50AAD(3)(a)(i) of the Principal Act insert— "(ia) 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". (2) After section 50AAD(3) of the Principal Act insert— "(3A) 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.". 23 Approval of types of alcohol interlocks and alcohol interlock suppliers (1) After section 50AAE(2) of the Principal Act insert— "(2A) To avoid doubt, the Corporation may refuse to consider an application that does not comply with subsection (2).". (2) After section 50AAE(3)(b)(iii) of the Principal Act insert— "(iiia) its capacity, when installed in a motor vehicle other than a motor cycle or motor trike, to record information about the identity of a person starting or attempting to start the motor vehicle, whether that information is obtained by the use of a camera or other means; and". s. 22 -- 34 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 31 Authorised by the Chief Parliamentary Counsel (3) After section 50AAE(3) of the Principal Act insert— "(3A) The approval of a type of alcohol interlock may be given in relation to all motor vehicles or only in relation to a specified type of motor vehicle. (3B) If the application for approval relates to more than one version of the same type of alcohol interlock— (a) the Corporation may approve all the versions or only a specified version or specified versions; and (b) the approval of any specified version may be given in relation to all motor vehicles or only in relation to a specified type of motor vehicle.". 24 Conditions on approvals (1) In section 50AAF(2)(a) of the Principal Act, after "50AAG(1)(b)(ii)" insert ", (ba)". (2) Before section 50AAF(2A)(a) of the Principal Act insert— "(aa) to explain the following to any person to whom an approved alcohol interlock is supplied— (i) how to operate the alcohol interlock; (ii) the terms and conditions on which the alcohol interlock is supplied; (iii) any prescribed alcohol interlock usage data requirements; (iv) the consequences of the alcohol interlock not being maintained; s. 24 -- 35 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 32 Authorised by the Chief Parliamentary Counsel (v) the consequences of the person failing to pay a cost recovery fee payable under section 50AAKA; or". (3) After section 50AAF(2A)(a) of the Principal Act insert— "(ab) not to maintain, or engage or allow a person or body authorised by the supplier to maintain, an approved alcohol interlock in specified circumstances where a person subject to an alcohol interlock condition has failed to pay a cost recovery fee payable under section 50AAKA; or". (4) In section 50AAF(2A)(b) of the Principal Act— (a) for "agent" substitute "person or body"; (b) for "period." substitute "or an unlimited period or until the happening of a specified event; or". (5) After section 50AAF(2A)(b) of the Principal Act insert— "(c) to issue a receipt in a form approved by the Corporation for any payment made to the supplier of a cost recovery fee payable under section 50AAKA; or (d) to keep records of a specified kind for a specified period; or (e) to report to the Corporation matters of a specified kind in a specified manner and within a specified time; or (f) to comply with specified information privacy or access requirements; or s. 24 -- 36 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 33 Authorised by the Chief Parliamentary Counsel (g) to permit a person authorised in writing by the Corporation— (i) to enter and inspect any premises at which— (A) the supplier carries on the business of supplying, installing or maintaining approved alcohol interlocks; or (B) a person or body authorised by the supplier to install or maintain approved alcohol interlocks carries on the business of installing or maintaining them; or (ii) to examine any equipment found there that is used in connection with that business; or (iii) to monitor any work or other activities being carried out there, including any training or explanation given to any person to whom an approved alcohol interlock is supplied; or (iv) to inspect or copy any document located there that relates to that business; or (h) to provide approved alcohol interlocks to the Corporation for validation and testing, as required by the Corporation; or (i) to obtain insurance of a specified kind; or (j) to make any records referred to in section 50AAG(1)(ba) (whether held by the supplier or a person or body authorised by the supplier to install or maintain approved alcohol interlocks) available for inspection by the Corporation at the premises of the supplier or the authorised person or body, or s. 24 -- 37 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 34 Authorised by the Chief Parliamentary Counsel provide copies of them (including in electronic format) to the Corporation, as required by the Corporation by a notice sent to the supplier; or (k) to avoid conflicts of interest in the conduct of the business of supplying, installing or maintaining approved alcohol interlocks.". 25 Guidelines After section 50AAG(1)(b) of the Principal Act insert— "(ba) the records to be kept by alcohol interlock suppliers relating to the collection of cost recovery fees payable under section 50AAKA and their payment to the Corporation;". 26 Cancellation of approval of types of alcohol interlocks (1) In the heading to section 50AAH of the Principal Act, after "Cancellation" insert "or variation". (2) In section 50AAH(1) of the Principal Act, after "a type of alcohol interlock" insert ", or of a version of a type of alcohol interlock,". (3) In section 50AAH(1)(a) of the Principal Act, after "interlock" insert ", or the version of the type of alcohol interlock,". (4) After section 50AAH(1)(a) of the Principal Act insert— "(ab) 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 Corporation, the identity of a person starting or attempting to start the motor vehicle, whether by the use of a camera or other means; or". s. 25 -- 38 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 35 Authorised by the Chief Parliamentary Counsel (5) In section 50AAH(1)(b) of the Principal Act— (a) after "interlock" insert ", or the version of the type of alcohol interlock,"; (b) after "interlocks" insert "or one or more other versions of that type of alcohol interlock or one or more versions of other types of alcohol interlocks". (6) After section 50AAH(1) of the Principal Act insert— "(1A) The Corporation may vary the approval under section 50AAE of a type of alcohol interlock, or a version of a type of alcohol interlock, by providing that, on and from a specified date, the approval has effect— (a) only in relation to a specified type of motor vehicle; or (b) in relation to a specified type of motor vehicle only if the alcohol interlock is modified, in a manner specified by the Corporation, so as to render it capable of recording, in a way that is satisfactory to the Corporation, the identity of a person starting or attempting to start the motor vehicle, whether by the use of a camera or other means; or (c) in relation to all motor vehicles only if modified as set out in paragraph (b). (1B) To avoid doubt, the Corporation 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.". s. 26 -- 39 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 36 Authorised by the Chief Parliamentary Counsel (7) In section 50AAH(2) of the Principal Act, after "a type of alcohol interlock" insert ", or of a version of a type of alcohol interlock,". (8) In section 50AAH(2)(a) and (b) of the Principal Act, after "type of alcohol interlock" insert "or the version of the type of alcohol interlock". (9) In section 50AAH(2)(c) of the Principal Act, after "type of alcohol interlock" insert "or that version of that type of alcohol interlock". (10) In section 50AAH(3) of the Principal Act— (a) after "a type of alcohol interlock" insert ", or of a version of a type of alcohol interlock,"; and (b) after "with that alcohol interlock" insert "or that version of that alcohol interlock". (11) In section 50AAH(4) of the Principal Act— (a) after "a type of alcohol interlock" insert "or of a version of a type of alcohol interlock"; and (b) for "subsection (1)(b)" substitute "subsection (1)(ab) or (b)". (12) In section 50AAH(4)(b) of the Principal Act, after "type" insert "or version". (13) Before the note at the foot of section 50AAH of the Principal Act insert— "(5) If the Corporation varies the approval of a type of alcohol interlock or of a version of a type of alcohol interlock under subsection (1A)— (a) the Corporation must send a notice to each approved alcohol interlock supplier stating that the approval is varied with effect from a specified day; and s. 26 -- 40 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 37 Authorised by the Chief Parliamentary Counsel (b) 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.". (14) In the note at the foot of section 50AAH of the Principal Act, after "cancelled" insert "or varied". 27 Cancellation or suspension of approval of alcohol interlock supplier After section 50AAI(1)(a) of the Principal Act insert— "(ab) has failed to collect, or pay to the Corporation, a cost recovery fee as required by section 50AAKA or the regulations made for the purposes of that section; or". 28 Review by Tribunal (1) In section 50AAJ(1)(b) of the Principal Act, after "cancel" insert ", vary". (2) After section 50AAJ(1) of the Principal Act insert— "(1A) A decision of the Corporation under section 50AAE to refuse to consider an application that does not comply with subsection (2) of that section is not a decision to refuse to give an approval for the purposes of this section.". (3) In section 50AAJ(2)(c) of the Principal Act, after "50AAH(4)," insert "50AAH(5),". s. 27 -- 41 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 38 Authorised by the Chief Parliamentary Counsel 29 New section 50AAKA inserted After section 50AAK of the Principal Act insert— "50AAKA Cost recovery fees (1) The regulations may provide for the payment of cost recovery fees by persons who have an approved alcohol interlock installed in a motor vehicle because their driver licence or learner permit is subject to an alcohol interlock condition. (2) The purpose of imposing cost recovery fees is to recoup the overall costs incurred by the Corporation in— (a) establishing a process within the alcohol interlock scheme established by this Part for the exercise by it of the functions conferred on it by the Road Safety Amendment Act 2014 of— (i) imposing and removing alcohol interlock conditions; and (ii) exempting persons on medical grounds from a requirement that any driver licence or learner permit granted to them must be subject to an alcohol interlock condition; and (b) generally managing and operating the scheme as a whole. (3) The regulations may prescribe— (a) when a cost recovery fee is payable; and (b) the amount of that fee or how it may be calculated; and s. 29 -- 42 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 39 Authorised by the Chief Parliamentary Counsel (c) how a cost recovery fee may be paid to the Corporation; and (d) a procedure for the payment of cost recovery fees to, or their collection by, approved alcohol interlock suppliers or other persons and requirements as to when and how those fees are to be paid to the Corporation by such suppliers or other persons; and (e) concessional rates of a cost recovery fee for specified classes of persons liable to pay a cost recovery fee. (4) Without limiting subsection (3)(a), the regulations may provide that a cost recovery fee is payable— (a) on an approved alcohol interlock being installed in a motor vehicle; or (b) in respect of any month or other period during which an approved alcohol interlock is installed in a motor vehicle; or (c) on an approved alcohol interlock being removed from a motor vehicle; or (d) in more than one, or in all, of those circumstances. (5) Unless the regulations otherwise provide, a cost recovery fee is to be collected on behalf of the Corporation by the approved alcohol interlock supplier who maintains, or authorises a person or body to maintain, the alcohol interlock. s. 29 -- 43 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 40 Authorised by the Chief Parliamentary Counsel (6) A cost recovery fee is payable irrespective of— (a) when the alcohol interlock condition was imposed on the driver licence or learner permit of the person, including whether it was imposed or directed to be imposed before, on or after the commencement of section 29 of the Road Safety Amendment Act 2014; and (b) whether it was imposed under section 31KA or because of an alcohol interlock condition direction given by the Magistrates' Court. (7) Nothing in subsection (5) prevents an approved alcohol interlock supplier collecting a cost recovery fee by their agent or other person specified by the Corporation. (8) Despite anything in section 97, all cost recovery fees received by the Corporation must be paid by the Corporation into its general fund. (9) Nothing in this section limits section 97A.". 30 Previous convictions In the Table in section 50AA of the Principal Act, after the entry relating to sections 31A and 31E insert— "Section 31KA The making of an application under that section". s. 30 -- 44 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 41 Authorised by the Chief Parliamentary Counsel 31 Zero blood or breath alcohol In section 52(1B) of the Principal Act, for paragraphs (a) and (b) substitute— "(a) the person had been disqualified from obtaining a driver licence or learner permit under section 50 or 89C or, by force of section 3AD, was taken to be so disqualified under section 89C and the licence or permit was issued to the person following the disqualification; or (b) the person had been disqualified from obtaining a driver licence or learner permit under section 89 of the Sentencing Act 1991 or, by force of section 3AD of this Act, was taken to be so disqualified under that section 89 and the licence or permit had been issued only because of the making by the Magistrates' Court of a licence eligibility order.". 32 Cancellation of licence or permit for drink-driving infringements (1) After the note at the foot of section 89C(1) of the Principal Act insert— "(1A) Subsection (2) applies if a traffic infringement notice is issued in respect of a drink-driving infringement to a person who does not hold a full driver licence or a corresponding licence issued in another State or a Territory of the Commonwealth or another country and— (a) the blood or breath alcohol concentration specified in the notice is less than 0·05 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); and s. 31 -- 45 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 42 Authorised by the Chief Parliamentary Counsel (b) no notice of objection to the infringement notice has been given and the 28 day period has expired. (2) Any probationary driver licence or learner permit held by the person is cancelled and, whether or not the person holds such a licence or permit, he or she is disqualified for 3 months from obtaining a driver licence or learner permit under this Act.". (2) In section 89C(3A) of the Principal Act, after "this Act" insert "of a kind corresponding to the licence or permit held by him or her". (3) In section 89C(4) of the Principal Act, after "(1)" insert "or (2)". (4) Before section 89C(8)(a) of the Principal Act insert— "(aa) less than 0·05 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires), if subsection (2) applies to the person; or". 33 Assessment report requirement In Schedule 1A to the Principal Act— (a) in column 3 of item 9, after "2001" insert "but before 1 October 2014"; (b) in column 3 of item 10, after "2004" insert "but before 1 October 2014". s. 33 -- 46 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 43 Authorised by the Chief Parliamentary Counsel 34 Alcohol interlock requirement In Schedule 1B to the Principal Act— (a) in column 2 of item 14, after "2007" insert "but before 1 October 2014"; (b) after item 14 insert— "14A Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air On or after 1 October 2014 Mandatory 6 months"; (c) in column 2 of item 16, after "2002" insert "but before 1 October 2014"; s. 34 -- 47 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 44 Authorised by the Chief Parliamentary Counsel (d) after item 16 insert— "16A An offence referred to in section 89(1) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence On or after 1 October 2014 Mandatory 6 months". 35 Subject-matter for regulations After item 57 in Schedule 2 to the Principal Act insert— "Alcohol interlock usage data requirements 57AA. Requirements to be complied with in relation to an approved alcohol interlock including requirements— (a) as to the period during which the alcohol interlock is to be installed in a motor vehicle; and (b) as to the extent to which the alcohol interlock is to be used; and s. 35 -- 48 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 45 Authorised by the Chief Parliamentary Counsel (c) relating to attempts to start a motor vehicle in which the alcohol interlock is installed that fail because the alcohol interlock detects alcohol; and (d) as to the alcohol interlock not being tampered with; and (e) as to the payment of cost recovery fees when due for payment; and (f) as to the alcohol interlock only being used by a person holding a driver licence or learner permit.". 36 Minor amendments (1) In section 3(1) of the Principal Act insert the following definitions— "cost recovery fee means a fee referred to in section 50AAKA; motor trike means a 3-wheeled motor vehicle but does not include— (a) a motor cycle with a sidecar attached; or (b) a motor vehicle with 3 wheels that has a body type similar to that commonly found on a motor vehicle with 4 wheels; prescribed alcohol interlock usage data requirements means requirements specified by regulations made under item 57AA of Schedule 2;". (2) In the penalty at the foot of section 19(7A) and (8) of the Principal Act, after "Penalty" insert "applying to this subsection". s. 36 -- 49 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 46 Authorised by the Chief Parliamentary Counsel (3) In section 50AAJ(2)(c) of the Principal Act— (a) for "50AAE(7)" substitute "50AAE(8)"; and (b) for ", 50AAI(1) or 50AAI(2)" substitute "or 50AAI(1)". (4) In column 1 of the Table in section 50AA of the Principal Act, after "Section 50A(1)" insert "and (1A)". (5) In section 59(3) of the Principal Act, after "a driver licence" insert "or learner permit". 37 Amendments consequential on this Part (1) In the definition of approved alcohol interlock in section 3(1) of the Principal Act, after "50AAE(3)" insert "and, if that approval is varied under section 50AAH(1A), as so varied". (2) In paragraph (b) of the definition of drink-driving infringement in section 3(1) of the Principal Act, for "subsection (1), (1A), (1AB), (1B) or (1E)" substitute "subsection (1A), (1AB) or (1AC)". (3) In the definition of drug-driving infringement in section 3(1) of the Principal Act, for "(1), (1A), (1AB), (1B) or (1E)" substitute "(1E)". (4) For section 18(3)(b) of the Principal Act substitute— "(b) that— (i) the Magistrates' Court would have had power to give an alcohol interlock condition direction had the person applied for a licence eligibility order or, having applied for such an order, had the Court not refused to make it; or (ii) the Corporation would have had power to grant a driver licence or learner permit under section 31KA that is subject to an alcohol interlock s. 37 -- 50 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 47 Authorised by the Chief Parliamentary Counsel condition had the person applied for a licence or permit under that section or, having applied under that section, had the Corporation not refused to grant it—". (5) After section 19(7) of the Principal Act insert— "(7AA) A person who, having been disqualified from obtaining a driver licence or learner permit under section 50 or 89C in respect of an offence covered by section 31KA(2)(a) and (b), holds a driver licence or learner permit granted by the Corporation under section 31KA must have the licence or permit in his or her possession while driving or in charge of a motor vehicle at any time while an alcohol interlock condition applies to the licence or permit. Penalty applying to this subsection: 5 penalty units.". (6) For section 31I(2) of the Principal Act substitute— "(2) In subsection (1)— relevant disqualification means a disqualification following the ending of which a person may only be granted a driver licence or learner permit by obtaining a licence eligibility order including a disqualification following the ending of which an application could have been made to the Corporation under section 31KA had the person not been otherwise required to obtain a licence eligibility order. Note See section 31KA(2)(e).". s. 37 -- 51 of 72 -- Part 3—Alcohol Interlocks Road Safety Amendment Act 2014 No. 49 of 2014 48 Authorised by the Chief Parliamentary Counsel (7) In section 31L of the Principal Act, for "31K" substitute "31KA". (8) In column 1 of the Table in section 50AA of the Principal Act, for the first entry substitute "Sections 50(1A), (1AB), (1AC), (1B), (1C), (1D), (1DA) and (1E) and 51(1)". (9) In section 59(3) of the Principal Act, after "licence eligibility order" insert "or by the Corporation under section 31KA". __________________ s. 37 -- 52 of 72 -- Part 4—Miscellaneous Amendments to the Principal Act Road Safety Amendment Act 2014 No. 49 of 2014 49 Authorised by the Chief Parliamentary Counsel PART 4—MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT Division 1—Vehicle impoundment, immobilisation and forfeiture 38 Definitions (1) In section 84C(1) of the Principal Act, paragraph (c) of the definition of tier 1 relevant offence is repealed. (2) In section 84C(1) of the Principal Act, after paragraph (d) of the definition of tier 1 relevant offence insert— "(da) a second or subsequent offence against section 49(1)(bc) or (j) in circumstances where the concentration of alcohol— (i) present in the blood of the person was less than 0·10 grams per 100 millilitres of blood; or (ii) present in the breath of the person was less than 0·10 grams per 210 litres of exhaled air; (db) an offence against section 49(1)(bc) or (j) committed by a person who has at any time (whether before, on or after the commencement of Division 1 of Part 4 of the Road Safety Amendment Act 2014) been convicted, or found guilty, of an offence against section 49(1)(bb), (h) or (i) in circumstances where the concentration of alcohol— (i) present in the blood of the person was less than 0·10 grams per 100 millilitres of blood; or s. 38 -- 53 of 72 -- Part 4—Miscellaneous Amendments to the Principal Act Road Safety Amendment Act 2014 No. 49 of 2014 50 Authorised by the Chief Parliamentary Counsel (ii) present in the breath of the person was less than 0·10 grams per 210 litres of exhaled air; (dc) an offence against section 49(1)(bb), (h) or (i) committed by a person who has at any time been convicted, or found guilty, of an offence against section 49(1)(bc) or (j) in circumstances where the concentration of alcohol— (i) present in the blood of the person was less than 0·10 grams per 100 millilitres of blood; or (ii) present in the breath of the person was less than 0·10 grams per 210 litres of exhaled air;". (3) In section 84C(1) of the Principal Act, in the definition of tier 2 relevant offence, before paragraph (a) insert— "(aa) an offence against section 49(1)(b), (bc), (f), (g) or (j) in circumstances where the concentration of alcohol— (i) present in the blood of the person was 0·10 grams or more per 100 millilitres of blood; or (ii) present in the breath of the person was 0·10 grams or more per 210 litres of exhaled air;". 39 Meaning of second or subsequent offence In section 84E(1) of the Principal Act, in the definition of commencement day— (a) in paragraph (a), after "paragraph (b)" insert "or (c)"; (b) in paragraph (b) for "2005." substitute "2005;"; s. 39 -- 54 of 72 -- Part 4—Miscellaneous Amendments to the Principal Act Road Safety Amendment Act 2014 No. 49 of 2014 51 Authorised by the Chief Parliamentary Counsel (c) after paragraph (b) insert— "(c) in relation to an offence against section 49(1)(bc) or (j), the commencement of Division 1 of Part 4 of the Road Safety Amendment Act 2014.". 40 Surrender of motor vehicle (1) In section 84H(2)(a)(ia)(A) of the Principal Act, for "(g) or (i)" substitute "(bc), (g), (i) or (j)". (2) In section 84H(2)(a)(ia)(B) of the Principal Act, for "or (h)" substitute ", (bc), (h) or (j)". 41 Powers of persons authorised by Victoria Police In section 84J(g) of the Principal Act, omit "at a time directed by a member of the police force". 42 Appeal rights After section 84O(2) of the Principal Act insert— "(2A) An applicant under subsection (1) must give 7 days written notice of the application and of the venue of the Magistrates' Court at which it is to be heard to the Chief Commissioner of Police. (2B) A notice under subsection (2A) must state the grounds for the claim of exceptional hardship. (2C) The Magistrates' Court must not deal with, or determine, an application under subsection (1) unless it is satisfied that the applicant has complied with the requirements of subsections (2A) and (2B).". 43 Voluntary abandonment of motor vehicle (1) In section 84ZQAB(1)(c) and (3) of the Principal Act, after "subsection (2)" insert "or (2A)". s. 40 -- 55 of 72 -- Part 4—Miscellaneous Amendments to the Principal Act Road Safety Amendment Act 2014 No. 49 of 2014 52 Authorised by the Chief Parliamentary Counsel (2) After section 84ZQAB(2) of the Principal Act insert— "(2A) A motor vehicle is also deemed to be abandoned if— (a) its sole owner has served a notice of abandonment of the motor vehicle on the Chief Commissioner of Police; and (b) 7 days have elapsed since the service of the notice. Note See section 93 for how a notice may be served. (2B) A notice of abandonment under subsection (2A) must be in the form approved by the Chief Commissioner of Police and include information that identifies the motor vehicle, including its registration number (if applicable).". (3) In section 84ZQAC(1) of the Principal Act, for "section 84ZQAB" substitute "section 84ZQAB(2)". (4) In section 84ZQAD(1) of the Principal Act, for "of an intention to deem a motor vehicle to be abandoned" substitute "under section 84ZQAC(1) of an intention to deem a motor vehicle to be abandoned under section 84ZQAB(2)". Division 2—Motor cycle licence 44 Mandatory carriage of driver licence by certain motor cycle riders After section 19(7A) of the Principal Act insert— "(7B) A person who, having been issued with a driver licence which authorises him or her to drive a motor cycle must, during the period of 3 years from that issue (or if that licence is suspended, whether by a court or the s. 44 -- 56 of 72 -- Part 4—Miscellaneous Amendments to the Principal Act Road Safety Amendment Act 2014 No. 49 of 2014 53 Authorised by the Chief Parliamentary Counsel Corporation, during that 3 year period, during an additional period equal to the period of the suspension) have the licence in his or her possession at all times while driving or in charge of a motor cycle. Penalty applying to this subsection: 5 penalty units.". 45 Zero blood or breath alcohol In section 52(1E), (1F)(b) and (1G) of the Principal Act, for "1 year" substitute "3 years". 46 Production of motor cycle licence document In section 59(3) of the Principal Act, after "applies" insert "or who is driving or in charge of a motor cycle during the period of 3 years from the issue of a driver licence which authorises him or her to drive a motor cycle (or if that licence is suspended, whether by a court or the Corporation, during that 3 year period, during an additional period equal to the period of the suspension)". Division 3—Recovery of costs 47 Removal of vehicles obstructing driveways etc. In section 63A(4) of the Principal Act, for "the owner" substitute "the registered operator, or an owner,". __________________ s. 45 -- 57 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 54 Authorised by the Chief Parliamentary Counsel PART 5—MISCELLANEOUS Division 1—Extension of access arrangements under Rail Management Act 1996 48 Access arrangements (1) In section 38X(1)(f) of the Rail Management Act 1996, omit ", being a date that is not less than 3 years, and not more than 5 years, after the date on which the access arrangement may be approved by the Commission under this Part in a final decision". (2) Sections 38ZO(2) and 38ZP(2) of the Rail Management Act 1996 are repealed. Division 2—Amendments to other Acts consequential on new combined drink and drug driving offences Subdivision 1—Accident Compensation Act 1985 49 Entitlement to compensation In section 82(4) of the Accident Compensation Act 1985— (a) after "82B" insert ", 82BA"; and (b) after "or a drug" insert "or both". s. 48 See: Act No. 79/1996. Reprint No. 5 as at 1 July 2010 and amending Act Nos 29/2011, 61/2011 and 22/2013. LawToday: www. legislation. vic.gov.au See: Act No. 10191. Reprint No. 19 as at 11 February 2013 and amending Act Nos 76/2011, 9/2013, 30/2013, 43/2013, 55/2013, 67/2013, 76/2013, 17/2014 and 26/2014. LawToday: www. legislation. vic.gov.au -- 58 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 55 Authorised by the Chief Parliamentary Counsel 50 New section 82BA inserted After section 82B of the Accident Compensation Act 1985 insert— "82BA Circumstances in which weekly payments are reduced because of combined drink and drug driving offence (1) This section applies if— (a) a worker's incapacity for work results from, or is materially contributed to by, an injury that— (i) entitles the worker to compensation in the form of weekly payments; and (ii) was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and (b) in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of the Road Safety Act 1986. (2) Compensation in the form of weekly payments under this Part is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker under section 114(10) by— (a) in any case, one third; and (b) if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres s. 50 -- 59 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 56 Authorised by the Chief Parliamentary Counsel of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by an additional one third. (3) This section does not apply if— (a) the injury results in death or is a severe injury within the meaning of section 82; or (b) the worker satisfies the Authority or self-insurer that the following did not contribute in any way to the injury— (i) the concentration, or presence, of alcohol in the blood or breath of the worker; (ii) the concentration, or presence, of drugs in the blood or oral fluid of the worker; (iii) the combination of matters referred to in subparagraphs (i) and (ii).". 51 No entitlement to compensation where conviction for certain serious road traffic offences (1) In section 82C(1)(b)(i) of the Accident Compensation Act 1985, for "49(1)(b), (f) or (g)" substitute "49(1)(b), (bc), (f), (g) or (j)". (2) In section 82C(2)(b) of the Accident Compensation Act 1985— (a) after "subsection (1)(b)(i) or (iii)" insert "(other than an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986)"; (b) for "injury." substitute "injury; or". s. 51 -- 60 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 57 Authorised by the Chief Parliamentary Counsel (3) After section 82C(2)(b) of the Accident Compensation Act 1985 insert— "(c) where the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986, the worker satisfies the Authority or self-insurer that the following did not contribute in any way to the injury— (i) the concentration, or presence, of alcohol in the blood or breath of the worker; (ii) the concentration, or presence, of drugs in the blood or oral fluid of the worker; (iii) the combination of matters referred to in subparagraphs (i) and (ii).". 52 Where conviction or finding of guilt overturned In section 82D(a)(i) of the Accident Compensation Act 1985, for "or 82B" substitute ", 82B or 82BA". 53 Access to information (1) In sections 239AAA(1)(a) and 239AAB(1)(a)(ii) of the Accident Compensation Act 1985, after "82B" insert ", 82BA". (2) In paragraph (d) of the definition of relevant information in section 239AAC(2) of the Accident Compensation Act 1985, after "82B" insert ", 82BA". s. 52 -- 61 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 58 Authorised by the Chief Parliamentary Counsel Subdivision 2—Transport Accident Act 1986 54 Circumstances in which certain compensation is not payable or is reduced (1) After section 40(3) of the Transport Accident Act 1986 insert— "(3A) Subsection (3B) applies if a person who is injured in a transport accident was driving a motor vehicle at the time of the transport accident and is convicted, or found guilty, in respect of driving the motor vehicle at that time— (a) of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of that Act; and (b) the level of concentration of alcohol in the person's blood was 0⋅24 grams or more per 100 millilitres of blood or in the person's breath was 0⋅24 grams or more per 210 litres of exhaled air, as the case requires. (3B) The Commission is not liable to pay compensation under section 47, 49, 50 or 51 to the person unless the person satisfies the Commission that the following did not contribute in any way to the transport accident— (a) the concentration, or presence, of alcohol in his or her blood or breath; (b) the concentration, or presence, of drugs in his or her blood or oral fluid; (c) the combination of matters referred to in subparagraphs (a) and (b).". s. 54 See: Act No. 111/1986. Reprint No. 13 as at 1 January 2014 and amending Act Nos 30/2013, 67/2013 and 26/2014. LawToday: www. legislation. vic.gov.au -- 62 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 59 Authorised by the Chief Parliamentary Counsel (2) After section 40(4A) of the Transport Accident Act 1986 insert— "(4B) Subsection (5B) applies if a person who is injured in a transport accident was driving a motor vehicle at the time of the transport accident and is convicted, or found guilty, in respect of driving the motor vehicle at the time of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law under section 47A(2) of that Act.". (3) After section 40(5A) of the Transport Accident Act 1986 insert— "(5B) The compensation under section 44 or 45 in respect of a person to whom subsection (4B) applies is reduced by, in any case, one third and, if the level of alcohol in the person's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the person's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air, by an additional one third unless the person satisfies the Commission that the following did not contribute in any way to the transport accident— (a) the concentration, or presence, of alcohol in his or her blood or breath; (b) the concentration, or presence, of drugs in his or her blood or oral fluid; (c) the combination of matters referred to in subparagraphs (a) and (b).". s. 54 -- 63 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 60 Authorised by the Chief Parliamentary Counsel Subdivision 3—Workplace Injury Rehabilitation and Compensation Act 2013 55 Entitlement to compensation In section 40(5) of the Workplace Injury Rehabilitation and Compensation Act 2013— (a) after "43" insert ", 43A"; and (b) after "or a drug" insert "or both". 56 New section 43A inserted After section 43 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "43A Circumstances in which weekly payments are reduced because of combined drink and drug driving offence (1) This section applies if— (a) a worker's incapacity for work results from, or is materially contributed to by, an injury that— (i) entitles the worker to compensation in the form of weekly payments; and (ii) was caused by a transport accident involving a motor vehicle of which the worker was the driver at the time of the accident; and (b) in respect of such driving, the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986 or under a law of another State or of a Territory that is declared to be a corresponding law s. 55 See: Act No. 67/2013 and amending Act Nos 17/2014 and 26/2014. Statute Book: www. legislation. vic.gov.au -- 64 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 61 Authorised by the Chief Parliamentary Counsel under section 47A(2) of the Road Safety Act 1986. (2) Compensation in the form of weekly payments under Part 5 is reduced for a period of 130 weeks (whether or not consecutive) from the date on which notice of the reduction was given to the worker in accordance with section 188 by— (a) in any case, one third; and (b) if the level of alcohol in the worker's blood was not less than 0·12 grams and less than 0·24 grams per 100 millilitres of blood or in the worker's breath not less than 0·12 grams and less than 0·24 grams per 210 litres of exhaled air—by an additional one third. (3) This section does not apply if— (a) the injury results in death or is a severe injury within the meaning of section 40; or (b) the worker satisfies the Authority or self-insurer that the following did not contribute in any way to the injury— (i) the concentration, or presence, of alcohol in the blood or breath of the worker; (ii) the concentration, or presence, of drugs in the blood or oral fluid of the worker; (iii) the combination of matters referred to in subparagraphs (i) and (ii).". s. 56 -- 65 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 62 Authorised by the Chief Parliamentary Counsel 57 No entitlement to compensation where conviction for certain serious road traffic offences (1) In section 44(1)(b)(i) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "49(1)(b), (f) or (g)" substitute "49(1)(b), (bc), (f), (g) or (j)". (2) In section 44(2)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013— (a) after "subsection (1)(b)(i) or (iii)" insert "(other than an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986)"; (b) for "injury." substitute "injury; or". (3) After section 44(2)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 insert— "(c) where the worker is convicted or found guilty of an offence under section 49(1)(bc) or (j) of the Road Safety Act 1986, the worker satisfies the Authority or self-insurer that the following did not contribute in any way to the injury— (i) the concentration, or presence, of alcohol in the blood or breath of the worker; (ii) the concentration, or presence, of drugs in the blood or oral fluid of the worker; (iii) the combination of matters referred to in subparagraphs (i) and (ii).". 58 If conviction or finding of guilt overturned In section 45(1)(a)(i) of the Workplace Injury Rehabilitation and Compensation Act 2013, for "or 43" substitute ", 43 or 43A". s. 57 -- 66 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 63 Authorised by the Chief Parliamentary Counsel 59 Access to information (1) In sections 555(1)(a) and 556(1)(a)(ii) of the Workplace Injury Rehabilitation and Compensation Act 2013, after "43" insert ", 43A". (2) In section 557(2)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013, after "43" insert ", 43A". Division 3—Transitional provisions 60 New section 103ZI inserted Before section 104 of the Principal Act insert— "103ZI Transitional provisions—Road Safety Amendment Act 2014 (1) In this section, the Road Safety Amendment Act 2014 is called the amending Act. (2) Section 26(3A), as inserted by section 15(1) of the amending Act, applies only with respect to decisions made by the Magistrates' Court on or after the commencement of that section 15(1). (3) Section 31KA, as inserted by section 17 of the amending Act, applies only with respect to an offence under section 49(1)(b), (f) or (g) that is alleged to have been committed on or after the commencement of that section 17. (4) The amendments of section 50 made by section 18(1) of the amending Act apply only with respect to an offence under section 49(1)(b), (f) or (g) that is alleged to have been committed on or after the commencement of that section 18(1). s. 59 -- 67 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 64 Authorised by the Chief Parliamentary Counsel (5) Sections 50AAAB and 50AAAC, as inserted by section 19 of the amending Act, apply only with respect to an alcohol interlock condition imposed for an offence that is alleged to have been committed on or after the commencement of that section 19. (6) Section 50AAAD, as inserted by section 19 of the amending Act, applies with respect to requirements and conditions of a kind referred to in section 50AAAD(2), whether imposed before, on or after the commencement of that section 19. (7) An amendment of section 50AAB made by a provision of section 20 of the amending Act applies only with respect to an application made under section 50AAB(4) in relation to an alcohol interlock condition imposed for an offence that is alleged to have been committed on or after the commencement of that provision. (8) An amendment of section 50AAD, 50AAE, 50AAF, 50AAG, 50AAH, 50AAI or 50AAJ made by a provision of sections 22 to 28 of the amending Act, applies with respect to approvals under section 50AAE, whether given before, on or after the commencement of that provision. (9) The amendment of section 52(1B) made by section 31 of the amending Act applies only with respect to a disqualification from obtaining a driver licence or learner permit imposed on or after the commencement of that section 31 in respect of an offence that is alleged to have been committed on or after that commencement. s. 60 -- 68 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 65 Authorised by the Chief Parliamentary Counsel (10) Section 89C(1A) and (2), as inserted by section 32(1) of the amending Act, applies only with respect to a drink-driving infringement alleged to have been committed on or after the commencement of that section 32(1). (11) The amendments of section 52(1E), (1F)(b) and (1G) made by section 45 of the amending Act apply only with respect to a driver licence which authorises the holder to drive a motor cycle granted on or after the commencement of that section 45. (12) For the purposes of any provision of this section, if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of a section of the amending Act specified by the provision, the offence is alleged to have been committed before that commencement. (13) A provision of this Act, as amended by a provision of the amending Act, that applies to an offence that is a second or subsequent offence of a person applies to an offence that is alleged to have been committed by the person on or after the commencement of that provision of the amending Act if that offence is a second or subsequent offence of the person under section 48(2), 50AAA(9) or 50AA (as the case requires) when regard is had to a previous offence committed before, on or after that commencement. (14) The operation of subsection (13) is not affected by subsection (4) or any other provision of this section.". s. 60 -- 69 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 66 Authorised by the Chief Parliamentary Counsel Division 4—Statute law revision 61 Transport (Compliance and Miscellaneous) Act 1983 (1) In section 132F(5)(e)(ix) of the Transport (Compliance and Miscellaneous) Act 1983— (a) for "section 25" substitute "Part 4"; and (b) for "that section" (where twice occurring) substitute "that Part". (2) In section 169(1B)(c)(ix) of the Transport (Compliance and Miscellaneous) Act 1983— (a) for "section 25" substitute "Part 4"; and (b) for "that section" (where twice occurring) substitute "that Part". (3) In section 212AA(5) of the Transport (Compliance and Miscellaneous) Act 1983, for "pay" substitute "to pay". (4) In section 2(1) of the Transport (Compliance and Miscellaneous) Act 1983, in paragraph (b)(iv) of the definition of mandatory marine safety decision for "section 228ZZL" substitute "section 64 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014". 62 Principal Act (1) In section 84H(2)(a)(ia)(A) of the Principal Act, for "required give" substitute "required to give". (2) In section 103ZH of the Principal Act, where secondly occurring, for "103ZH" substitute "103ZHA". See: Act No. 9921. Reprint No. 18 as at 27 March 2013 and amending Act Nos 34/2011, 9/2013, 22/2013, 23/2013, 30/2013, 32/2013, 36/2013, 43/2013, 70/2013, 80/2013 and 27/2014. LawToday: www. legislation. vic.gov.au s. 61 -- 70 of 72 -- Part 5—Miscellaneous Road Safety Amendment Act 2014 No. 49 of 2014 67 Authorised by the Chief Parliamentary Counsel 63 Rail Safety (Local Operations) Act 2006 In section 86J(2) of the Rail Safety (Local Operations) Act 2006, for "57A" substitute "57B". Division 5—Repeal of amending Act 64 Repeal of amending Act This Act is repealed on 1 August 2016. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ See: Act No. 9/2006. Reprint No. 2 as at 15 December 2011 and amending Act Nos 61/2011 and 43/2012. LawToday: www. legislation. vic.gov.au s. 63 -- 71 of 72 -- Road Safety Amendment Act 2014 No. 49 of 2014 68 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 28 May 2014 Legislative Council: 26 June 2014 The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Act 1986 and the Rail Management Act 1996, to make consequential amendments to the Accident Compensation Act 1985, the Transport Accident Act 1986 and the Workplace Injury Rehabilitation and Compensation Act 2013 and for other purposes." Endnotes -- 72 of 72 --