23Driver licence document and learner permit document to remain property of State of Victoria

23 Driver licence document and learner permit document to remain property of State of Victoria (1) A physical driver licence document or physical learner permit document issued by the Secretary remains the property of the State. S. 23(2) inserted by No. 46/2024 s. 31(3). (2) A digital driver licence document or digital learner permit document issued by the Secretary remains the intellectual property of the State. S. 23AA inserted by No. 46/2024 s. 32. 23AA Secretary may approve software application for digital driver licence documents and digital learner permit documents (1) The Secretary, by notice published in the Government Gazette, may approve a software application or a class of software applications for the purposes of delivering and displaying digital driver licence documents and digital learner permit documents. (2) A notice under subsection (1) must include the following information— (a) the name of the software application or a description of the class of software applications; (b) the date on and from which the software application or the class of software applications is approved for use. S. 23AAB inserted by No. 46/2024 s. 32. 23AAB Use of digital driver licence document or digital learner permit document after expiry, suspension, cancellation or surrender of licence or permit (1) Subject to subsections (2) and (3), if a person's driver licence or learner permit expires or is suspended, cancelled or surrendered and the person holds a digital driver licence document or digital learner permit document— (a) the Secretary must vary any digital driver licence document or digital learner permit document to record the expiry, suspension, cancellation or surrender; and (b) the person may continue to use the digital driver licence document or digital learner permit document during the prescribed period solely for the purpose of providing evidence of the person's age or identity. (2) The Secretary must ensure that a person whose driver licence or learner permit is cancelled on the grounds that the person obtained the licence or permit fraudulently is unable to access through the application approved under section 23AA that digital driver licence document or digital learner permit document for any purpose. (3) The Secretary must ensure that a person who surrenders a driver licence document or learner permit document to the Secretary or to the driver licensing authority in another jurisdiction for cancellation is unable to access or use for any purpose any digital driver licence document or digital learner permit document issued to the person. S. 23A (Heading) amended by No. 49/2019 s. 116(Sch. 1 item 44). S. 23A inserted by No. 120/1993 s. 58, amended by Nos 30/1997 s. 5(2), 57/1998 s. 4(2)(c), repealed by No. 55/2013 s. 5, new s. 23A inserted by No. 68/2017 s. 5, amended by No. 49/2019 s. 116(Sch. 1 item 45). 23A Secretary must not grant driver licence or learner permit to disqualified driver Except as provided by section 25A or by the regulations, the Secretary must not grant a driver licence or learner permit to a person who— (a) is currently disqualified from driving or from obtaining a driver licence or learner permit under the law of Victoria or another State or a Territory; or (b) has an Australian driver licence or an Australian learner permit that is currently suspended; or (c) is currently disqualified from driving under the law of another country in circumstances that, if they occurred in Victoria, would have resulted in the person being disqualified from driving in Victoria. S. 23B inserted by No. 68/2017 s. 6. 23B Alcohol interlock to be installed prior to grant of driver licence or learner permit subject to alcohol interlock condition S. 23B(1) amended by No. 49/2019 s. 116(Sch. 1 item 46(a)). (1) This section applies if the Secretary can only grant a driver licence or learner permit to a person that is subject to an alcohol interlock condition. Example to s. 23B(1) amended by No. 49/2019 s. 116(Sch. 1 item 46(b)). Section 31KA or 31KB applies to the person or the Magistrates' Court has given an alcohol interlock condition direction to the Secretary under section 50AAA in relation to the person. S. 23B(2) amended by No. 49/2019 s. 116(Sch. 1 item 46(c)). (2) The Secretary must not grant the driver licence or learner permit to the person unless the person provides to the Secretary a certificate from an approved alcohol interlock supplier certifying that, at the request of the person, the supplier has installed an approved alcohol interlock in a vehicle specified in the certificate. S. 23B(3) amended by No. 49/2019 s. 116(Sch. 1 item 46(c)). (3) A certificate provided to the Secretary under subsection (2) must be in the form approved by the Secretary. S. 24 (Heading) inserted by No. 49/2019 s. 116(Sch. 1 item 47). S. 24 amended by No. 44/1989 s. 41(Sch. 2 item 34.4).