105AValidation concerning certain alcohol interlock conditions

105A Validation concerning certain alcohol interlock conditions (1) If, on or after 11 October 2006 and before the day on which the **Road Safety and Sentencing Acts Amendment Act 2012** receives the Royal Assent, a court gave or purported to give a direction to the Corporation under section 50AAA (as then in force) in relation to a person disqualified under section 89C from obtaining a driver licence or permit, each of the following has, and is taken always to have had, the same force and effect as it would have had if section 3 of that Act had been in operation when the direction was given or purported to be given— (a) the direction under section 50AAA; (b) any order made or purported to have been made by a court (whether on appeal or otherwise), including any penalty imposed, in relation to— (i) the direction under section 50AAA; or (ii) compliance with an alcohol interlock condition imposed on a driver licence or permit as a result of the direction; or (iii) an offence in relation to an alcohol interlock condition imposed on a driver licence or permit as a result of the direction; (c) any act performed or decision made, whether under this or any other Act or otherwise, in reliance on or in relation to— (i) the direction under section 50AAA; or (ii) an alcohol interlock condition imposed on a driver licence or permit as a result of the direction; or (iii) any order referred to in paragraph (b). (2) Any act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, before or after the commencement of section 5 of the **Road Safety and Sentencing Acts Amendment Act 2012** in reliance on or in relation to a matter referred to in subsection (1)(a), (b) or (c) has the same effect, and gives rise to the same consequences, and is to be regarded as always having had the same effect and having given rise to the same consequences, as if section 3 of the **Road Safety and Sentencing Acts Amendment Act 2012** had been in operation when the direction was given or purported to be given under section 50AAA. (3) A right or liability conferred or imposed in relation to, or affected by a matter referred to in subsection (1)(a), (b) or (c) is exercisable or enforceable, and is to be regarded as always having been exercisable or enforceable, as if section 3 of the **Road Safety and Sentencing Acts Amendment Act 2012** had been in operation when the direction was given or purported to be given under section 50AAA. (4) Without limiting subsection (3), the rights and liabilities conferred or imposed in relation to a matter referred to in subsection (1)(a), (b) or (c) include rights of appeal. (5) This section does not affect the right of any person to appeal against a matter referred to in subsection (1)(a), (b) or (c) on any other ground. Pt 8A (Heading and ss 105B–105G) inserted by No. 49/2019 s. 115.