50Provisions about cancellation and disqualification

50 Provisions about cancellation and disqualification S. 50(1) amended by No. 78/1987 s. 7(1)(a)(b), substituted by No. 53/1989 s. 8(1), amended by Nos 41/1992 s. 4(b), 23/2001 s. 7(1), 94/2003 s. 8(8), substituted by Nos 49/2014 s. 18(1), 68/2017 s. 9(1). (1) On convicting or finding a person guilty of an offence under section 49(1)(b), (f) or (g), the court must— (a) cancel any driver licence or learner permit held by the offender; and (b) 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 the minimum period of disqualification determined in accordance with subsection (1A). S. 50(1A) inserted by No. 53/1989 s. 8(1), amended by Nos 41/1992 s. 4(c), 94/2003 s. 8(9), substituted by Nos 49/2014 s. 18(1), 68/2017 s. 9(1). (1A) The minimum period of disqualification is— (a) for a first offence—the period specified in Column 2 of Schedule 1; or (b) for a subsequent offence—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. S. 50(1AB) inserted by No. 41/1992 s. 4(d), amended by Nos 23/2001 s. 7(2), 92/2001 s. 14, 94/2003 s. 8(10), substituted by No. 49/2014 s. 18(1), repealed by No. 68/2017 s. 9(2). S. 50(1AC) inserted by No. 81/2006 s. 19(1), substituted by No. 49/2014 s. 18(1), repealed by No. 68/2017 s. 9(2). S. 50(1AD) inserted by No. 49/2014 s. 8, amended by No. 5/2016 s. 36(Sch. 1 item 20). (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 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) 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. S. 50(1B) inserted by No. 53/1989 s. 8(1), amended by Nos 41/1992 s. 4(e), 5/2016 s. 36(Sch. 1 item 20). (1B) On convicting a person, or finding a person guilty, of an offence under section 49(1)(a), (c), (d) or (e) the 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— S. 50(1C) inserted by No. 14/2000 s. 7(1), amended by No. 5/2016 s. 36(Sch. 1 item 20). (1C) On convicting a person, or finding a person guilty of an offence under section 49(1)(ba), the 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 period as the court thinks fit, not being less than— (a) in the case of a first offence, 12 months; and (b) in the case of a subsequent offence, 2 years. S. 50(1D) inserted by No. 14/2000 s. 7(1), amended by No. 5/2016 s. 36(Sch. 1 item 20). (1D) On convicting a person, or finding a person guilty of an offence under section 49(1)(ca) or (ea), the 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 period as the court thinks fit, not being less than— S. 50(1DA) inserted by No. 111/2003 s. 8(1) (as amended by Nos 49/2004 s. 41(3)(4)), 5/2016 s. 36(Sch. 1 item 20). (1DA) On convicting a person, or finding a person guilty of an offence under section 49(1)(eb), the 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 period as the court thinks fit, not being less than— S. 50(1DA)(a) amended by Nos 81/2006 s. 4(4)(a)(i), 70/2016 s. 35(a). S. 50(1DA)(b) amended by Nos 81/2006 s. 4(4)(a)(ii), 70/2016 s. 35(b). S. 50(1E) inserted by No. 111/2003 s. 8(1) (as amended by No. 49/2004 s. 41(3)(4)), amended by Nos 75/2010 s. 14(a)(b), 5/2016 s. 36(Sch. 1 item 20), 46/2024 s. 42B(1). (1E) Subject to subsection (1F), on convicting a person, or finding a person guilty of an offence under section 49(1)(bb), (h) or (i), the 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— S. 50(1E)(a) amended by Nos 81/2006 s. 4(4)(b)(i), 75/2010 s. 14(c), 68/2017 s. 27(a). (a) in the case of a first offence, a period not less than 6 months; and S. 50(1E)(b) amended by Nos 81/2006 s. 4(4)(b)(ii), 75/2010 s. 14(d), 68/2017 s. 27(b). (b) in the case of a subsequent offence, a period not less than 12 months. S. 50(1F) inserted by No. 46/2024 s. 42B(2). (1F) If an offence under section 49(1)(bb), (h) or (i) is in relation to the use of a prescription drug that is a legal medicinal cannabis product by a person in accordance with a prescription or other authority, on convicting the person, or finding the person guilty of an offence under section 49(1)(bb), (h) or (i)— (a) subsection (1E) does not apply; and (b) the court 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, disqualify the offender from obtaining one for— (i) in the case of a first offence, a period not less than 6 months; and (ii) in the case of a subsequent offence, a period not less than 12 months. S. 50(2) substituted by No. 78/1987 s. 7(2), amended by Nos 6/2020 s. 4, 30/2021 s. 48. (2) Any period of suspension imposed on a person under Division 1 of Part 6B, or period of disqualification under Division 2 of Part 6C, must be deducted from the period of disqualification imposed on that person under this section. S. 50(3) amended by Nos 78/1987 s. 7(3), 53/1989 s. 8(2), 57/1989 s. 3(Sch. item 173.7), 94/2003 s. 8(11), 81/2006 s. 4(4)(c), repealed by No. 56/2013 s. 24(1). S. 50(4) amended by Nos 78/1987 s. 7(3), 57/1989 s. 3(Sch. item 173.8(a)(b)), 5/1990 s. 7(1), 92/2001 s. 15(1)(a)(b), repealed by No. 56/2013 s. 24(1). S. 50(4A) inserted by No. 5/1990 s. 7(2), 19/1991 s. 7(1), 14/2000 s. 7(2)(a)–(c), 1/2002 s. 6(a), 94/2003 s. 8(12), 81/2006 s. 4(4)(d), repealed by No. 56/2013 s. 24(1). S. 50(4B) inserted by No. 5/1990 s. 7(2), amended by Nos 58/1995 s. 12, 14/2000 s. 7(3), 1/2002 s. 6(b), 81/2006 s. 4(4)(d), repealed by No. 56/2013 s. 24(1). S. 50(4C) inserted by No. 5/1990 s. 7(2), repealed by No. 56/2013 s. 24(1). S. 50(4D) inserted by No. 89/1991 s. 11, amended by No. 14/2000 s. 7(4), repealed by No. 56/2013 s. 24(1). S. 50(5) amended by Nos 5/1990 s. 7(3), 23/1994 s. 118(Sch. 1 item 50.2), 1/2002 s. 6(c), repealed by No. 56/2013 s. 24(1). S. 50(5A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 50.7), repealed by No. 56/2013 s. 24(1). S. 50(5B) inserted by No. 52/2012 s. 23, repealed by No. 56/2013 s. 24(1). S. 50(6) inserted by No. 23/2001 s. 8, amended by No. 49/2019 s. 110. (6) This section does not apply to a person who is convicted or found guilty of a supervising driver offence. Note to s. 50 inserted by No. 56/2013 s. 24(2), substituted as Notes by No. 49/2014 s. 18(2). Note 1 to s. 50 amended by No. 49/2019 s. 116(Sch. 1 item 95). 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 Secretary 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. S. 50AAA inserted by No. 1/2002 s. 7, amended by Nos 94/2003 s. 8(13), 111/2003 s. 9 (as amended by No. 110/2004 s. 44(2)), 49/2004 s. 31, 110/2004 s. 31(1), 81/2006 ss 5(1)–(4) (5)(a), 19(2)(3)(b), 45/2012 s. 3, substituted by No. 56/2013 s. 6. 50AAA Direction to impose alcohol interlock condition S. 50AAA (1)(a) substituted by No. 7/2019 s. 15(1). (a) a person has been disqualified under section 89 of the **Sentencing Act 1991** from obtaining a driver licence or learner permit or, by force of section 3AD, is taken to be so disqualified under that section 89; and (b) the disqualification is covered by the Table in Schedule 1B; and (c) the person has applied to the Magistrates' Court for a licence eligibility order; and (d) the Magistrates' Court considers it appropriate to make the order. Note to s. 50AAA(1) amended by No. 7/2019 s. 15(2). Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) of the **Sentencing Act 1991** is not disqualified for the purposes of this section. S. 50AAA(2) amended by No. 49/2019 s. 116(Sch. 1 item 96(a)). (2) If column 3 of the Table in Schedule 1B specifies that it is mandatory to give an alcohol interlock condition direction for the relevant offence, the Magistrates' Court must, on making a licence eligibility order in respect of a person, direct the Secretary that the Secretary can only grant the person a driver licence or learner permit that is subject to an alcohol interlock condition. S. 50AAA(3) amended by No. 49/2019 s. 116(Sch. 1 item 96(a)). (3) If column 3 of the Table in Schedule 1B specifies that it is discretionary to give an alcohol interlock condition direction for the relevant offence, the Magistrates' Court may, on making a licence eligibility order in respect of a person, direct the Secretary that the Secretary can only grant the person a driver licence or learner permit that is subject to an alcohol interlock condition. S. 50AAA(4) amended by Nos 49/2019 s. 116(Sch. 1 item 96(b)), 25/2025 s. 6. (4) If the Magistrates' Court, on making a licence eligibility order, gives an alcohol interlock condition direction to the Secretary, it must specify in the direction a period (the ***specified period***) during which the person concerned cannot apply to the Secretary for the removal of an alcohol interlock condition imposed on his or her driver licence or learner permit. (5) The specified period must not be less than the period (if any) specified in column 4 of the Table in Schedule 1B in relation to the relevant offence. (6) If a licence eligibility order has effect with respect to a disqualification in respect of more than one offence and different periods are specified in column 4 of the Table in Schedule 1B in relation to those offences, the longest period so specified is the relevant period for the purpose of calculating the specified period under subsection (4). (7) The specified period must be taken to begin on the first granting of a driver licence or learner permit that is subject to the alcohol interlock condition. (8) If more than one alcohol interlock condition direction has been given in respect of a person, the periods specified in those directions under subsection (4) operate concurrently. S. 50AAA(9) repealed by No. 7/2019 s. 15(3). S. 50AAAB inserted by No. 49/2014 s. 19. 50AAAB Administrative scheme for removal of alcohol interlock condition S. 50AAAB(1) amended by No. 70/2016 s. 13(1), substituted byNo. 7/2019 s. 16(1), amended by No. 49/2019 s. 116(Sch. 1 item 97(a)). (1) A person who holds a driver licence or learner permit that is subject to an alcohol interlock condition may apply to the Secretary for the removal of the alcohol interlock condition if— (a) the minimum period of each and every alcohol interlock condition given in respect of the person has elapsed including— (i) in the case of an alcohol interlock condition imposed under section 31KA—the relevant period referred to in section 31KA(4); and (ii) in the case of an alcohol interlock condition imposed under section 31KB—the relevant period referred to in section 31KB(4); and S. 50AAAB (1)(a)(iii) amended by No. 49/2019 s. 116(Sch. 1 item 97(a)). (iii) in the case of an alcohol interlock condition imposed pursuant to an alcohol interlock condition direction given to the Secretary by the Magistrates' Court—the specified period of the alcohol interlock condition direction; and (b) the person can supply, or cause to be supplied, a report that complies with subsection (3); and (c) if required under the regulations to complete a second-stage behaviour change program, the person has completed the second-stage behaviour change program specified in the notice given to the person under section 58E. S. 50AAAB(2) amended by Nos 70/2016 s. 13(2), 68/2017 s. 22(1), repealed by No. 7/2019 s. 16(1). S. 50AAAB(3) amended by No. 7/2019 s. 16(2). (3) A report referred to in subsection (1)(b) must— (3)(a) amended by No. 68/2017 s. 22(2)(a). (a) contain data that indicates compliance with any prescribed alcohol interlock usage data requirements 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 (3)(b) repealed by No. 68/2017 s. 22(2)(b). (c) be prepared in accordance with the regulations. (3A) inserted by No. 68/2017 s. 22(3). (3A) For the purposes of subsection (3), the data referred to in paragraph (a) of that subsection must include data provided 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. (4) An application must— S. 50AAAB(4)(a) amended by No. 49/2019 s. 116(Sch. 1 item 97(a)). (a) be in the form approved by the Secretary; and (b) be accompanied by— (i) the prescribed application fee (if any); and (4)(b)(ii) amended by Nos 7/2019 s. 16(2), 49/2019 s. 116(Sch. 1 item 97(a)). (ii) the report referred to in subsection (1)(b) or a statement that the report is to be sent directly to the Secretary by the approved alcohol interlock supplier; and (4)(b)(iia) inserted by No. 68/2017 s. 22(4). (iia) if the person is required under the regulations to complete a second‑stage behaviour change program— (A) a certificate of completion certifying that the person has completed the second-stage behaviour change program specified in the notice under section 58E; or (4)(b)(iia)(B) amended by No. 49/2019 s. 116(Sch. 1 item 97(a)). (B) a statement that the certificate is to be sent directly to the Secretary by the approved provider of the program; and (iii) any other things that are prescribed. S. 50AAAB(5) substituted by No. 5/2016 s. 28, amended by No. 49/2019 s. 116(Sch. 1 item 97(a)(b)). (5) The Secretary may decide to remove an alcohol interlock condition if the Secretary is satisfied that the applicant has met the prescribed alcohol interlock usage data requirements. S. 50AAAB(5A) inserted by No. 5/2016 s. 28, amended by No. 49/2019 s. 116(Sch. 1 item 97(a)). (5A) A decision under subsection (5) may be made by the Secretary— (5A)(a) amended by No. 49/2019 s. 116(Sch. 1 item 97(a)). (a) 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 Secretary; and (b) without conducting any hearing or investigation into the matter. S. 50AAAB(6) amended by Nos 70/2016 s. 13(3), 7/2019 s. 16(3), amended by No. 49/2019 s. 116(Sch. 1 item 97(a)). (6) In calculating for the purposes of subsection (1)(a) whether the period within which the person is prevented from applying under this section has elapsed, the Secretary 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. S. 50AAAB(7) amended by No. 49/2019 s. 116(Sch. 1 item 97(a)(b)). (7) If the Secretary decides not to remove an alcohol interlock condition on an application under this section, the Secretary must give the applicant a written notice that states— S. 50AAAB(7)(a) amended by No. 49/2019 s. 116(Sch. 1 item 97(c)). (a) the Secretary'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— (8)(a) repealed by No. 7/2019 s. 16(4). (8)(b) amended by Nos 70/2016 s. 13(4), 49/2019 s. 116(Sch. 1 item 97(a)). (b) if the only reason for the refusal is that the period within which the person is prevented from applying under this section, 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 Secretary when that period has elapsed or at least 6 months' data can be shown, as the case requires; and (8)(c) amended by No. 7/2019 s. 16(5). (c) that if a reason for the refusal is the one specified in section 50AAAC(2) or (2A), that the applicant may apply to the Magistrates' Court under section 50AAAC for a direction under that section; and S. 50AAAB(8)(d) amended by No. 49/2019 s. 116(Sch. 1 item 97(a)). (d) that the applicant may apply to the Secretary under the regulations for an internal review of the decision. S. 50AAAB(9) inserted by No. 70/2016 s. 13(5). (9) If an alcohol interlock condition is imposed under section 31KB and the relevant period referred to in section 31KB(4) is less than 6 months, a requirement under subsection (3)(a) and (8)(b) to show at least 6 months' data is taken to have been met if the applicant can show data indicating compliance over that relevant period. S. 50AAAC inserted by No. 49/2014 s. 19. 50AAAC Application to Magistrates' Court for direction S. 50AAAC(1) amended by Nos 7/2019 s. 17(1), 49/2019 s. 116(Sch. 1 item 98). (1) This section applies to a person in respect of whom the Secretary 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 subsection (2) or (2A), 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. (2A) inserted by No. 7/2019 s. 17(2). (2A) The reason is that— (a) data on the usage of an approved alcohol interlock indicates that on a direction being given, by message on the digital display on the alcohol interlock or by an audible message given by the alcohol interlock, to undertake an alcohol breath test after the motor vehicle was started there was a failure— (i) to provide a breath sample that contains no registrable alcohol using the alcohol interlock; or (ii) to successfully undertake an alcohol breath test using the alcohol interlock; and (b) under the regulations, the person is taken to have been responsible for that failure; and (c) accordingly that failure was sufficient for there not to be compliance with any prescribed alcohol interlock usage data requirements. S. 50AAAC(3) amended by Nos 7/2019 s. 17(3), 49/2019 s. 116(Sch. 1 item 98). (3) Subject to subsection (4), the person may apply to the Magistrates' Court for a direction to the Secretary that the applicant was not responsible for the failed attempt referred to in subsection (2) or the failure of, or failure to undertake, the alcohol breath test referred to in subsection (2A), as the case may be. (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— (ii) the registrar at that venue of the Court; and (4)(b) substituted by No. 7/2019 s. 17(4). (b) must be accompanied by data obtained from the approved alcohol interlock relating to the failed attempt, the failure of the alcohol breath test or the failure to take the alcohol breath test (as the case may be) that provides evidence (whether photographic or otherwise) as to identity of the person who was responsible for that failed attempt or failure of the test or failure to take the test. S. 50AAAC(5) substituted by Nos 70/2016 s. 14, 7/2019 s. 17(5), amended by No. 49/2019 s. 116(Sch. 1 item 98). (5) The Magistrates' Court must not deal with, or determine, an application under this section unless it is satisfied that the relevant period referred to in section 31KA(4) or 31KB(4) or the specified period of an alcohol interlock condition direction given to the Secretary by the Magistrates' Court, as the case may be, 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 (6)(b) substituted by No. 7/2019 s. 17(6). (b) may either— (6)(b)(i) amended by No. 49/2019 s. 116(Sch. 1 item 98). (i) direct the Secretary to treat the applicant as not having been responsible for the failed attempt, the failure of the test or the failure to take the test, as the case may be; or (ii) refuse to give such a direction. S. 50AAAC(7) amended by No. 49/2019 s. 116(Sch. 1 item 98). (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 Secretary. S. 50AAAC(8) amended by No. 49/2019 s. 116(Sch. 1 item 98). (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 Secretary. (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. (10) inserted by No. 7/2019 s. 17(7). (10) In this section— ***registrable alcohol***, in relation to a breath sample given by a person using an approved alcohol interlock, means a concentration of breath alcohol that would prevent a motor vehicle in which the alcohol interlock is installed from starting if that concentration were detected by the alcohol interlock before the car had started. S. 50AAAD inserted by No. 49/2014 s. 19. 50AAAD Exemption from, or removal of, alcohol interlock condition on medical grounds ***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). S. 50AAAD(2) amended by No. 49/2019 s. 116(Sch. 1 item 99(a)). (2) The Secretary, in the circumstances set out in subsection (3), may— S. 50AAAD(2)(a) amended by No. 49/2019 s. 116(Sch. 1 item 99(b)). (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 the Secretary to that person subject to an alcohol interlock condition; or S. 50AAAD (2)(b) amended by Nos 70/2016 s. 15, 49/2019 s. 116(Sch. 1 item 99(b)). (b) at any time remove an alcohol interlock condition imposed by the Secretary on a person's driver licence or learner permit, whether under section 31KA or 31KB or because of an alcohol interlock condition direction given by the Magistrates' Court. S. 50AAAD(3) amended by Nos 5/2016 s. 36(Sch. 1 item 21), 49/2019 s. 116(Sch. 1 item 99(a)). (3) The circumstances are that the holder of the driver licence or learner permit has made an application to the Secretary— S. 50AAAD(3)(a) amended by No. 49/2019 s. 116(Sch. 1 item 99(a)). (a) in the form approved by the Secretary; 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 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. S. 50AAAD(4) amended by No. 49/2019 s. 116(Sch. 1 item 99(a)). (4) The Secretary 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. S. 50AAAD(5) amended by No. 49/2019 s. 116(Sch. 1 item 99(a)), repealed by No. 34/2023 s. 43. S. 50AAAD(6) amended by Nos 5/2016 s. 37(Sch. 2 item 6), 49/2019 s. 116(Sch. 1 item 99(a)). (6) Nothing in this section prevents the Secretary from requiring the applicant to undergo a test or assessment 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. S. 50AAAE inserted by No. 7/2019 s. 18. 50AAAE Application to avoid imposition of alcohol interlock condition (1) Subject to subsection (2), this section applies to a person if— S. 50AAAE(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 100(a)). (a) any driver licence or learner permit granted to the person by the Secretary would, except for this section, be subject to an alcohol interlock condition under section 31KA because— (i) the person has been disqualified from obtaining a driver licence or learner permit under section 50 in respect of an offence under section 49(1); or (ii) the person has been, or by force of section 3AD is taken to have been, disqualified from obtaining a driver licence or learner permit under section 89C in respect of a drink-driving infringement; and (b) that offence is an offence in respect of which, immediately before the commencement of this section, the imposition of an alcohol interlock condition under Schedule 1B would be discretionary. (2) This section does not apply to a person who— (a) holds a driver licence or learner permit; or (b) is required to obtain a licence eligibility order in respect of any offence, and is yet to do so; or (c) would be subject to a mandatory alcohol interlock condition because of one or more other offences committed by the person. S. 50AAAE(3) amended by No. 49/2019 s. 116(Sch. 1 item 100(a)). (3) A person to whom this section applies may apply to the Secretary for an exemption from the requirement that a driver licence or learner permit granted to the person by the Secretary must be subject to an alcohol interlock condition. (4) The application must— (a) be made in accordance with the regulations; and (b) be supported by evidence, prescribed by the regulations, that the person is not engaging in hazardous or harmful alcohol use and is not dependent on alcohol. S. 50AAAE(5) amended by No. 49/2019 s. 116(Sch. 1 item 100(a)). (5) On application under this section, the Secretary may— (a) decide to grant the exemption, if it is satisfied that the person is not engaging in hazardous or harmful use of alcohol and is not dependent on alcohol; or (b) decide not to grant the exemption. S. 50AAAE(6) amended by No. 49/2019 s. 116(Sch. 1 item 100(a)). (6) A decision under subsection (5) may be made by the Secretary— S. 50AAAE(6)(a) amended by No. 49/2019 s. 116(Sch. 1 item 100(a)). (a) on the basis of the application, any evidence given in support of the application and any matters that appear in records kept by the Secretary; and (b) without conducting any hearing or investigation into the matter. S. 50AAAE(7) amended by No. 49/2019 s. 116(Sch. 1 item 100(a)). (7) If the Secretary decides not to grant the exemption, the Secretary must give the person written notice stating— S. 50AAAE(7)(a) amended by No. 49/2019 s. 116(Sch. 1 item 100(b)). (a) the Secretary's decision; and (b) the reasons for the decision; and (c) that any driver licence or learner permit granted to the person will be subject to an alcohol interlock condition; and (d) that the person may apply to the Magistrates' Court under section 50AAAF for a review of the decision. S. 50AAAF inserted by No. 7/2019 s. 18. 50AAAF Application to Magistrates' Court for review of decision under section 50AAAE S. 50AAAF(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 101). (a) a person has applied to the Secretary under section 50AAAE for an exemption from the requirement that a driver licence or learner permit granted to the person must be subject to an alcohol interlock condition; and S. 50AAAF(1)(b) amended by No. 49/2019 s. 116(Sch. 1 item 101). (b) the Secretary has decided not to grant the exemption; and (c) the person has not subsequently applied for, and been granted, a driver licence or learner permit that is subject to an alcohol interlock condition. S. 50AAAF(2) amended by No. 49/2019 s. 116(Sch. 1 item 101). (2) Subject to subsection (3), the person may apply to the Magistrates' Court for a direction to the Secretary that the person has provided evidence, prescribed by the regulations, that is sufficient to establish that the person is not engaging in hazardous or harmful alcohol use and is not dependent on alcohol. (3) 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— (ii) the registrar of that venue of the Court; and (b) must be accompanied by the evidence given in support of the application under section 50AAAE. (4) At the hearing of an application under this section, the Magistrates' Court must hear any relevant evidence tendered by the Chief Commissioner of Police. (5) On an application under this section, the Magistrates' Court may either— S. 50AAAF(5)(a) amended by No. 49/2019 s. 116(Sch. 1 item 101). (a) direct the Secretary that the person has provided evidence, prescribed by the regulations, that is sufficient to establish that the person is not engaging in hazardous or harmful alcohol use and is not dependent on alcohol; or (b) refuse to give such a direction. S. 50AAAF(6) amended by No. 49/2019 s. 116(Sch. 1 item 101). (6) The Magistrates' Court must cause particulars of any decision made by it on an application under this section to be sent immediately to the Secretary. S. 50AAAF(7) amended by No. 49/2019 s. 116(Sch. 1 item 101). (7) The decision of the Magistrates' Court on an application under this section is final and conclusive and, subject to subsection (8), must be given effect to by the Secretary. S. 50AAAF(8) amended by No. 49/2019 s. 116(Sch. 1 item 101). (8) The Secretary is not required to give effect to a decision of the Magistrates' Court under this section if the person is no longer a person to whom section 50AAAE applies. S. 50AAB inserted by No. 1/2002 s. 7, amended by Nos 94/2003 s. 8(14), 49/2004 s. 32, 110/2004 s. 31(2)(3), 81/2006 ss 5(5)(b)−(d), 19(3)(c), 69/2009 s. 54(Sch. Pt 1 item 50.8), 52/2012 s. 24, 56/2013 s. 7, 49/2014 s. 20, 5/2016 s. 36(Sch. 1 item 22), 70/2016 s. 16, 68/2017 s. 23, repealed by No. 7/2019 s. 19. S. 50AAC (Heading) amended by No. 56/2013 s. 8(1). S. 50AAC inserted by No. 1/2002 s. 7. 50AAC Appeals against alcohol interlock condition direction or period specified in direction S. 50AAC(1) amended by Nos 110/2004 s. 31(4)(a)–(c), 81/2006 ss 5(6), 19(3)(d), 68/2009 s. 97(Sch. item 106.5), substituted by No. 56/2013 s. 8(2), amended by Nos 3/2016 s. 99, 49/2019 s. 116(Sch. 1 item 102). (1) If the Magistrates' Court, on making a licence eligibility order, gives an alcohol interlock condition direction to the Secretary, the person in respect of whom the direction is given may appeal under section 254 of the **Criminal Procedure Act 2009** against— (a) in the case of a direction given under section 50AAA(3), the giving of the direction; or (b) in any case, the specified period of the direction if that period is more than the minimum period required to be specified under section 50AAA(5) or (6) in relation to the relevant offence— as if the direction were a sentence of a kind referred to in section 254 of the **Criminal Procedure Act 2009**. (2) That Act applies with respect to the appeal with any necessary modifications. S. 50AAC(3) inserted by No. 56/2013 s. 8(3), amended by No. 3/2016 s. 99. (3) The making of an appeal under subsection (1) does not stay the operation of the direction but the Magistrates' Court may stay its operation pending the decision of the appeal. S. 50AACA inserted by No. 56/2013 s. 9, amended by Nos 49/2014 s. 21, 70/2016 s. 17, repealed by No. 7/2019 s. 19. S. 50AACB (Heading), amended by No. 49/2019 s. 116(Sch. 1 item 103). S. 50AACB inserted by No. 56/2013 s. 9, amended by No. 49/2019 s. 116(Sch. 1 item 104). 50AACB Court must notify the Secretary of certain matters The Magistrates' Court must cause particulars of the following to be sent immediately to the Secretary— (a) an alcohol interlock condition direction given by it; S. 50AACB(b) repealed by No. 7/2019 s. 20. (c) a stay granted by it under section 50AAC(3). S. 50AACC inserted by No. 56/2013 s. 9, repealed by No. 7/2019 s. 21. S. 50AAD inserted by No. 1/2002 s. 7. 50AAD Offences and immobilisation orders S. 50AAD(1) amended by No. 5/2016 s. 36(Sch. 1 item 23). (1) A person whose driver licence or learner permit is subject to an alcohol interlock condition is guilty of an offence if— (a) the person breaches that condition; or (b) the person drives a motor vehicle with an approved alcohol interlock in accordance with that condition but the motor vehicle has been started— (i) with the approved alcohol interlock disengaged; or (ii) in a way that does not comply with the manufacturer's instructions for the use of the approved alcohol interlock; or (iii) in a way other than by the person blowing directly into the appropriate part of the approved alcohol interlock. Sections 50AAH and 50AAI may affect whether a person has breached the condition. S. 50AAD(1A) inserted by No. 30/2021 s. 49(1). (1A) An interstate licence or permit holder who is subject to an interstate alcohol interlock requirement is guilty of an offence if— (a) the person breaches that requirement; or (b) the person drives a motor vehicle with an alcohol interlock but the motor vehicle has been started— (i) with the alcohol interlock disengaged; or (ii) in a way that does not comply with the manufacturer's instructions for the use of the alcohol interlock; or (iii) in a way other than by the person blowing directly into the appropriate part of the alcohol interlock. S. 50AAD(2) substituted by No. 41/2020 s. 39, amended by No. 30/2021 s. 49(2). (2) A person who is guilty of an offence against subsection (1) or (1A) is liable to a penalty not exceeding 240 penalty units or to imprisonment for not more than 2 years. S. 50AAD(3) amended by No. 93/2009 s. 16(1)(b). (a) a person breaches an alcohol interlock condition by driving a motor vehicle with a type of alcohol interlock— (i) the approval of which is cancelled under section 50AAH; or S. 50AAD (3)(a)(ia) inserted by No. 49/2014 s. 22(1). (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 S. 50AAD (3)(a)(ii) amended by No. 93/2009 s. 16(1)(a). (ii) that is installed or maintained by a person or body whose approval as an alcohol interlock supplier is cancelled or suspended under section 50AAI; or S. 50AAD (3)(a)(iii) amended by No. 93/2009 s. 16(1)(a). (iii) that is installed or maintained by a person or body who would be authorised by an approved alcohol interlock supplier except that the supplier's approval is cancelled or suspended under section 50AAI; and (b) the person is charged with an offence against subsection (1)(a) in respect of that breach— it is a defence if the person proves that he or she reasonably believed at the time of the breach that the type of alcohol interlock was an approved alcohol interlock, or the person or body was an approved alcohol interlock supplier whose approval was in force or authorised by such a supplier, as the case may be. S. 50AAD(3A) inserted by No. 49/2014 s. 22(2). (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. S. 50AAD(3B) inserted by No. 30/2021 s. 49(3). (3B) A person who holds a driver licence or learner permit that is subject to an alcohol interlock condition does not commit an offence under subsection (1) if— (a) the person drives a motor vehicle that is not fitted with an alcohol interlock while— (i) undergoing a driving assessment; or (ii) under the supervision of a driving instructor; and (b) the person drives the vehicle in accordance with any regulations. S. 50AAD(4) amended by Nos 30/2021 s. 49(4), 34/2023 s. 58(2). (4) A court finding a person guilty, or convicting a person, of an offence against subsection (1)(b) or (1A)(b) may, if the court considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months. (5) An order under subsection (4) may be made subject to specified conditions. (6) The court may make an order under subsection (4) whether the motor vehicle is owned by the offender or another person. (7) If the court considers that another person, who is not present at the hearing concerning the making of an order under subsection (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made. (8) On the return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order. S. 50AAE inserted by No. 1/2002 s. 7. 50AAE Approval of types of alcohol interlocks and alcohol interlock suppliers S. 50AAE(1) amended by No. 49/2019 s. 116(Sch. 1 item 105(a)). (1) A person or body may apply to the Secretary for— (a) approval of a type of alcohol interlock; or (b) approval as an alcohol interlock supplier— for the purposes of this Act. S. 50AAE(2) amended by No. 49/2019 s. 116(Sch. 1 item 105(a)). (2) An application must be made in the manner and form determined in writing by the Secretary and must be accompanied by— S. 50AAE(2A) inserted by No. 49/2014 s. 23(1), amended by No. 49/2019 s. 116(Sch. 1 item 105(a)). (2A) To avoid doubt, the Secretary may refuse to consider an application that does not comply with subsection (2). S. 50AAE(3) amended by No. 49/2019 s. 116(Sch. 1 item 105 (b)(i)(ii)). (3) The Secretary may approve, in writing, a type of alcohol interlock if the Secretary is satisfied that— (a) the person or body applying for the approval has a right to sell or lease the type of alcohol interlock; and (b) the type of alcohol interlock is suitable to be approved for the purposes of this Act having regard to— (i) its effectiveness in preventing a motor vehicle from being started if it detects more than a certain concentration of alcohol; and (ii) the extent to which it is resistant to tampering; and (iii) its capacity to record information about its use; and S. 50AAE (3)(b)(iiia) inserted by No. 49/2014 s. 23(2). (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. 50AAE (3)(b)(iv) amended by No. 49/2019 s. 116(Sch. 1 item 105 (b)(iii)). (iv) any other matter the Secretary considers relevant. S. 50AAE(3A) inserted by No. 49/2014 s. 23(3). (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. S. 50AAE(3B) inserted by No. 49/2014 s. 23(3). (3B) If the application for approval relates to more than one version of the same type of alcohol interlock— S. 50AAE(3B)(a) amended by No. 49/2019 s. 116(Sch. 1 item 105(c)). (a) the Secretary 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. S. 50AAE(4) amended by No. 49/2019 s. 116(Sch. 1 item 105(d)). (4) In considering whether to approve a type of alcohol interlock, the Secretary must apply the guidelines for the approval of types of alcohol interlocks made by the Secretary under section 50AAG. S. 50AAE(5) amended by No. 49/2019 s. 116(Sch. 1 item 105 (e)(i)(ii)). (5) The Secretary may approve, in writing, a person or body as an alcohol interlock supplier if the Secretary considers it appropriate to do so having regard to— (a) whether— (i) the person or body; and (ii) the employees or agents (if any) of the person or body who install or maintain approved alcohol interlocks— are fit and proper persons to install and maintain approved alcohol interlocks; and (b) the relevant qualifications and experience of the person or body and of those employees and agents (if any) of the person or body; and (c) the arrangements and standards put in place by the person or body for— (i) installing approved alcohol interlocks; and (ii) maintaining approved alcohol interlocks including regular inspections, re‑calibration and the recording of information about its use; and (d) the arrangements put in place by the person or body for installing and maintaining approved alcohol interlocks in rural areas; and (e) the adequacy for the purposes of this Act of— (i) the premises, equipment and resources of the person or body; and (ii) the record-keeping and reporting arrangements of the person or body; and (iii) the arrangements of the person or body for handling complaints; and S. 50AAE(5)(f) amended by No. 49/2019 s. 116(Sch. 1 item 105 (e)(iii)). (f) the ability of the person or body to comply, and record its compliance, with the guidelines for the installation or maintenance of approved alcohol interlocks made by the Secretary under section 50AAG; and (g) the terms and conditions on which the person or body supplies, or intends to supply, approved alcohol interlocks to customers, or a particular class of customer, including the cost of the approved alcohol interlock, its installation and regular maintenance; and S. 50AAE(5)(h) amended by No. 49/2019 s. 116(Sch. 1 item 105 (e)(iii)). (h) any other matter the Secretary considers relevant. S. 50AAE(6) amended by No. 49/2019 s. 116(Sch. 1 item 105(f)). (6) The Secretary must not approve a person or body as an alcohol interlock supplier unless the Secretary is satisfied that the person or body will provide concessions to assist with the cost of installation and regular maintenance of an approved alcohol interlock to— (a) classes of persons specified by the regulations for the purposes of this subsection; or (b) if the regulations do not specify classes of persons for the purposes of this subsection, persons who hold a health care card (within the meaning of the Social Security Act 1991 of the Commonwealth). S. 50AAE(6A) inserted by No. 56/2013 s. 10. (6A) Concessions to be provided in accordance with subsection (6) may vary depending on the class of person eligible for the concession. S. 50AAE(7) amended by No. 49/2019 s. 116(Sch. 1 item 105(g)). (7) In considering whether to approve a person or body as an alcohol interlock supplier, the Secretary must apply the guidelines for the approval of persons or bodies as alcohol interlock suppliers made by the Secretary under section 50AAG. S. 50AAE(8) amended by No. 49/2019 s. 116(Sch. 1 item 105(h)). (8) If the Secretary refuses to give an approval under subsection (3) or (5), the Secretary must give written notice of the refusal and the reasons for it to the person or body who applied for the approval. S. 50AAE(9) amended by No. 49/2019 s. 116(Sch. 1 item 105(i)). (9) Subject to sections 50AAH and 50AAI, an approval under this section remains in force for the period specified by the Secretary when the approval is given. S. 50AAEA inserted by No. 56/2013 s. 11. 50AAEA Refusal of approved alcohol interlock supplier to supply S. 50AAEA(1) amended by No. 49/2019 s. 116(Sch. 1 item 106(a)). (1) An approved alcohol interlock supplier may, with the prior approval of the Secretary, refuse to supply approved alcohol interlocks to a specified person or a specified class of person. S. 50AAEA(2) amended by No. 49/2019 s. 116(Sch. 1 item 106(a)). (2) The Secretary may only grant an approval under subsection (1) if— S. 50AAEA(2)(a) amended by No. 49/2019 s. 116(Sch. 1 item 106(b)). (a) the approved alcohol interlock supplier has submitted to the Secretary in writing a statement of the grounds for wishing to refuse to supply approved alcohol interlocks to the specified person or specified class of person; and S. 50AAEA(2)(b) amended by No. 49/2019 s. 116(Sch. 1 item 106(a)). (b) the Secretary is satisfied that, having regard to those grounds, it is reasonable to approve the refusal to supply. S. 50AAEB inserted by No. 56/2013 s. 11. 50AAEB Change of terms and conditions (1) This section applies if an approved alcohol interlock supplier wishes to vary, whether with respect to all customers or a particular class of customer— (a) the terms and conditions covered by section 50AAE(5)(g) on which it then operates; or (b) the concessions covered by section 50AAE(6) that it then provides. (2) The approved alcohol interlock supplier may only make the variation if— S. 50AAEB(2)(a) amended by No. 49/2019 s. 116(Sch. 1 item 107). (a) it submits to the Secretary in writing particulars of the proposed variation and the grounds for wishing to make it; and S. 50AAEB(2)(b) amended by No. 49/2019 s. 116(Sch. 1 item 107). (b) the Secretary approves the proposed variation. S. 50AAEC inserted by No. 30/2021 s. 50. 50AAEC Transfer of approval of alcohol interlock supplier (1) An approved alcohol interlock supplier may apply to the Secretary to transfer the approval if— (a) the approved supplier wishes to merge with another person; or (b) the approved supplier wants to change their name. (2) If the Secretary is satisfied that the transfer is appropriate, on application under subsection (1), the Secretary may approve the transfer of the approval of the alcohol interlock supplier to— (a) a person with whom the approved supplier is merging; or (b) a name that the approved supplier is changing to. (3) An application under subsection (1) must be made in the manner and form determined in writing by the Secretary and must be accompanied by— S. 50AAED inserted by No. 30/2021 s. 50. 50AAED Transition of certain matters on transfer of approval On the transfer of an approval under section 50AAEC— (a) the person to whom the approval is transferred (***new supplier***) is substituted for the previous approved alcohol interlock supplier (***old supplier***) as a party to any arrangement or contract— (i) that the old supplier was a party to; and (ii) that relates to the supply of alcohol interlocks or alcohol interlock services; and (b) a reference to the old supplier in any document relating to the supply of alcohol interlocks by the old supplier is taken to be a reference to the new supplier— (c) the conditions applying to the approval continue to apply to the approval; and (d) the approval remains in force for the remainder of the period applying to the approval immediately before the transfer. S. 50AAF inserted by No. 1/2002 s. 7. 50AAF Conditions on approvals (1) An approval under section 50AAE may be given subject to specified conditions. S. 50AAF(2) amended by No. 49/2019 s. 116(Sch. 1 item 108). (2) The Secretary must specify in the approval of an alcohol interlock supplier that it is a condition of the approval that the supplier must— S. 50AAF(2)(a) amended by Nos 56/2013 s. 12, 49/2014 s. 24(1). (a) comply with the guidelines (if any) as in force from time to time under sections 50AAG(1)(b)(ii), (ba) and (c); and (b) ensure that each of the following persons or bodies comply with those guidelines— (i) the supplier's employees and agents (if any) who install or maintain approved alcohol interlocks; and (ii) the persons or bodies (if any) authorised by the supplier to install or maintain approved alcohol interlocks. S. 50AAF(2A) inserted by No. 93/2009 s. 17(1). (2A) Without limiting subsection (1) or (3), a condition on an approval may require an alcohol interlock supplier— (2A)(aa) inserted by No. 49/2014 s. 24(2). (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; (v) the consequences of the person failing to pay a cost recovery fee payable under section 50AAKA; or (a) not to install approved alcohol interlocks for a specified period not exceeding 3 months; or (2A)(ab) inserted by No. 49/2014 s. 24(3). (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 (2A)(b) amended by No. 49/2014 s. 24(4). (b) not to engage a specified person or body to install or maintain approved alcohol interlocks for a specified or an unlimited period or until the happening of a specified event; or (2A)(c) inserted by No. 49/2014 s. 24(5), amended by No. 49/2019 s. 116(Sch. 1 item 108). (c) to issue a receipt in a form approved by the Secretary for any payment made to the supplier of a cost recovery fee payable under section 50AAKA; or (2A)(d) inserted by No. 49/2014 s. 24(5). (d) to keep records of a specified kind for a specified period; or (2A)(e) inserted by No. 49/2014 s. 24(5), amended by No. 49/2019 s. 116(Sch. 1 item 108). (e) to report to the Secretary matters of a specified kind in a specified manner and within a specified time; or (2A)(f) inserted by No. 49/2014 s. 24(5). (f) to comply with specified information privacy or access requirements; or (2A)(g) inserted by No. 49/2014 s. 24(5), amended by No. 49/2019 s. 116(Sch. 1 item 108). (g) to permit a person authorised in writing by the Secretary— (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 (2A)(h) inserted by No. 49/2014 s. 24(5), amended by No. 49/2019 s. 116(Sch. 1 item 108). (h) to provide approved alcohol interlocks to the Secretary for validation and testing, as required by the Secretary; or (2A)(i) inserted by No. 49/2014 s. 24(5). (i) to obtain insurance of a specified kind; or (2A)(j) inserted by No. 49/2014 s. 24(5), amended by No. 49/2019 s. 116(Sch. 1 item 108). (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 Secretary at the premises of the supplier or the authorised person or body, or provide copies of them (including in electronic format) to the Secretary, as required by the Secretary by a notice sent to the supplier; or (2A)(k) inserted by No. 49/2014 s. 24(5). (k) to avoid conflicts of interest in the conduct of the business of supplying, installing or maintaining approved alcohol interlocks. S. 50AAF(3) amended by No. 49/2019 s. 116(Sch. 1 item 108). (3) The Secretary may at any time— (a) vary or revoke a condition on an approval; or (b) impose a new condition on an approval— by giving written notice to the person or body concerned, allowing the person or body at least 10 working days to make written representations about the proposed action. S. 50AAF(4) inserted by No. 93/2009 s. 17(2), amended by No. 49/2019 s. 116(Sch. 1 item 108). (4) Despite subsection (3), the Secretary may immediately vary or revoke a condition on an approval or impose a new condition on an approval if the Secretary considers it necessary to do so in the interests of public safety. S. 50AAF(5) inserted by No. 93/2009 s. 17(2), amended by No. 49/2019 s. 116(Sch. 1 item 108). (5) A person or body whose approval is affected by a decision of the Secretary under subsection (4) may require the Secretary, by notice served on the Secretary, to hold an inquiry under section 50AAIB into the decision. S. 50AAF(6) inserted by No. 93/2009 s. 17(2), amended by No. 49/2019 s. 116(Sch. 1 item 108). (6) The Secretary must commence an inquiry under section 50AAIB within 7 days after service on the Secretary of a notice under subsection (5). S. 50AAG inserted by No. 1/2002 s. 7. 50AAG Guidelines S. 50AAG(1) amended by No. 49/2019 s. 116(Sch. 1 item 109). (1) The Secretary may make guidelines for any of the following matters— S. 50AAG(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 109). (a) the approval of types of alcohol interlocks, including the way in which the Secretary has regard to the matters in section 50AAE(3)(b); (b) the approval of persons or bodies as alcohol interlock suppliers, including— S. 50AAG(1)(b)(i) amended by No. 49/2019 s. 116(Sch. 1 item 109). (i) the way in which the Secretary has regard to the matters in section 50AAE(5); and (ii) the type of concessions that must be provided for the purposes of section 50AAE(6); S. 50AAG (1)(ba) inserted by No. 49/2014 s. 25, amended by No. 49/2019 s. 116(Sch. 1 item 109). (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 Secretary; (c) the installation or maintenance of approved alcohol interlocks, including the terms and conditions on which approved alcohol interlocks are supplied to customers or a particular class of customer. (2) The guidelines— (a) must be in writing and be published in the Government Gazette; and (b) must be laid before each House of Parliament within 6 sitting days of that House after the guidelines are published in the Government Gazette; and (c) may apply, adopt or incorporate any matter contained in another document, whether as— (i) amended by the guidelines; or (ii) contained in that document at a particular time or from time to time. (Heading) amended by No. 49/2014 s. 26(1). S. 50AAH inserted by No. 1/2002 s. 7. 50AAH Cancellation or variation of approval of types of alcohol interlocks S. 50AAH(1) amended by Nos 49/2014 s. 26(2), 49/2019 s. 116(Sch. 1 item 110). (1) The Secretary may cancel the approval of a type of alcohol interlock, or of a version of a type of alcohol interlock, under section 50AAE if the Secretary is satisfied that it is appropriate to do so because— (1)(a) amended by No. 49/2014 s. 26(3). (a) the type of alcohol interlock, or the version of the type of alcohol interlock, is defective to the extent that it is no longer suitable to be approved for the purposes of this Act (whether because the information it records about its use is misleading or for any other reason); or (1)(ab) inserted by No. 49/2014 s. 26(4), amended by No. 49/2019 s. 116(Sch. 1 item 110). (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 Secretary, the identity of a person starting or attempting to start the motor vehicle, whether by the use of a camera or other means; or (1)(b) amended by Nos 49/2014 s. 26(5), 49/2019 s. 116(Sch. 1 item 110). (b) since the type of alcohol interlock, or the version of the type of alcohol interlock, was approved, the Secretary has approved one or more other types of alcohol interlocks or one or more other versions of that type of alcohol interlock or one or more versions of other types of alcohol interlocks that the Secretary considers are more suitable to be approved for the purposes of this Act. (1A) inserted by No. 49/2014 s. 26(6), amended by No. 49/2019 s. 116(Sch. 1 item 110). (1A) The Secretary 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 S. 50AAH(1A)(b) amended by No. 49/2019 s. 116(Sch. 1 item 110). (b) in relation to a specified type of motor vehicle only if the alcohol interlock is modified, in a manner specified by the Secretary, so as to render it capable of recording, in a way that is satisfactory to the Secretary, the identity of a person starting or attempting to start the motor vehicle, whether by the use of a camera or other means; or (c) in relation to all motor vehicles only if modified as set out in paragraph (b). (1B) inserted by No. 49/2014 s. 26(6), amended by No. 49/2019 s. 116(Sch. 1 item 110). (1B) To avoid doubt, the Secretary may act under both paragraphs (a) and (b) of subsection (1A) in respect of the same type of alcohol interlock or the same version of a type of alcohol interlock. S. 50AAH(2) amended by Nos 49/2014 s. 26(7), 49/2019 s. 116(Sch. 1 item 110). (2) If the Secretary cancels the approval of a type of alcohol interlock, or of a version of a type of alcohol interlock, under subsection (1)(a), the Secretary— (2)(a) amended by No. 49/2014 s. 26(8). (a) must ensure that a notice is published in the Government Gazette, and a newspaper circulating generally throughout Victoria, stating that the approval of the type of alcohol interlock or the version of the type of alcohol interlock is cancelled with effect from a specified day (which must be after both of those notices are published); and (2)(b) amended by No. 49/2014 s. 26(8). (b) must send a notice to each approved alcohol interlock supplier stating that the approval of the type of alcohol interlock or the version of the type of alcohol interlock is cancelled with effect from that specified day; and (2)(c) amended by Nos 49/2014 s. 26(9), 5/2016 s. 36(Sch. 1 item 24), 49/2019 s. 116(Sch. 1 item 110). (c) may send a notice to a person whose driver licence or learner permit is subject to an alcohol interlock condition, at the latest address the person has notified to the Secretary, stating that the person breaches the condition if he or she drives a motor vehicle with that type of alcohol interlock or that version of that type of alcohol interlock after the day specified in the notice (which must be at least one month after the notice is sent). S. 50AAH(3) amended by Nos 49/2014 s. 26(10), 5/2016 s. 36(Sch. 1 item 24), 49/2019 s. 116(Sch. 1 item 110). (3) If the Secretary cancels the approval of a type of alcohol interlock, or of a version of a type of alcohol interlock, under subsection (1)(a), a person whose driver licence or learner permit is subject to an alcohol interlock condition breaches the condition if he or she drives a motor vehicle with that alcohol interlock or that version of that alcohol interlock after the later of the following— (a) the day specified in the notice published under subsection (2)(a); (b) if the person is sent a notice under subsection (2)(c), the day specified in that notice. S. 50AAH(4) amended by Nos 49/2014 s. 26(11), 49/2019 s. 116(Sch. 1 item 110). (4) If the Secretary cancels the approval of a type of alcohol interlock or of a version of a type of alcohol interlock under subsection (1)(ab) or (b)— S. 50AAH(4)(a) amended by No. 49/2019 s. 116(Sch. 1 item 110). (a) the Secretary must send a notice to each approved alcohol interlock supplier stating that the approval is cancelled with effect from a specified day; and (4)(b) amended by Nos 56/2013 s. 25(1), 49/2014 s. 26(12). (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 cancellation, for the purposes of this Act. S. 50AAH(5) repealed by No. 56/2013 s. 25(2), new s. 50AAH(5) inserted by No. 49/2014 s. 26(13), amended by No. 49/2019 s. 116(Sch. 1 item 110). (5) If the Secretary varies the approval of a type of alcohol interlock or of a version of a type of alcohol interlock under subsection (1A)— S. 50AAH(5)(a) amended by No. 49/2019 s. 116(Sch. 1 item 110). (a) the Secretary must send a notice to each approved alcohol interlock supplier stating that the approval is varied with effect from a specified day; and (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. Note to s. 50AAH inserted by No. 56/2013 s. 25(3), amended by No. 49/2014 s. 26(14). Under section 50AAD(3), a person who breaches an alcohol interlock condition because the approval of a type of alcohol interlock has been cancelled or varied has a defence if the person proves that he or she reasonably believed that the type of alcohol interlock was approved. S. 50AAI (Heading) amended by No. 93/2009 s. 16(1)(c). S. 50AAI inserted by No. 1/2002 s. 7. 50AAI Cancellation or suspension of approval of alcohol interlock supplier S. 50AAI(1) amended by Nos 93/2009 s. 16(1)(d), 49/2019 s. 116(Sch. 1 item 111). (1) The Secretary may, by giving written notice to an approved alcohol interlock supplier, cancel or suspend the supplier's approval under section 50AAE if the Secretary is satisfied that it is appropriate to do so because the supplier— (a) has failed to comply with one or more conditions of the approval; or S. 50AAI (1)(ab) inserted by No. 49/2014 s. 27, amended by No. 49/2019 s. 116(Sch. 1 item 111). (ab) has failed to collect, or pay to the Secretary, a cost recovery fee as required by section 50AAKA or the regulations made for the purposes of that section; or (b) is no longer supplying, installing or maintaining alcohol interlocks. S. 50AAI(2) amended by Nos 93/2009 s. 16(1)(e)(i), 49/2019 s. 116(Sch. 1 item 111). (2) If the Secretary cancels or suspends the approval of an alcohol interlock supplier, the Secretary— S. 50AAI(2)(a) amended by No. 93/2009 s. 16(1)(e)(ii). (a) must ensure that a notice is published in the Government Gazette, and a newspaper circulating generally throughout Victoria, stating that the approval of the alcohol interlock supplier is cancelled or suspended (as the case requires) with effect from a specified day (which must be after both of those notices are published); and S. 50AAI(2)(b) amended by Nos 5/2016 s. 36(Sch. 1 item 25), 49/2019 s. 116(Sch. 1 item 111). (b) may send a notice to a person whose driver licence or learner permit is subject to an alcohol interlock condition, at the latest address that the person has notified to the Secretary, stating that the person breaches the condition if— (i) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle; and (ii) the person drives the motor vehicle with that approved alcohol interlock— after the day specified in the notice (which must be at least one month after the notice is sent). S. 50AAI(3) amended by Nos 5/2016 s. 36(Sch. 1 item 25), 49/2019 s. 116(Sch. 1 item 111). (3) If the Secretary cancels the approval of an alcohol interlock supplier, a person whose driver licence or learner permit is subject to an alcohol interlock condition breaches the condition if— (a) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle after the later of the following— (i) the day specified in the notice published under subsection (2)(a); or (ii) if the person is sent a notice under subsection (2)(b), the day specified in the notice; and (b) the person drives the motor vehicle with that approved alcohol interlock after the later of those days. S. 50AAI(3A) inserted by No. 93/2009 s. 16(2), amended by Nos 5/2016 s. 36(Sch. 1 item 25), 49/2019 s. 116(Sch. 1 item 111). (3A) If the Secretary suspends the approval of an alcohol interlock supplier, a person whose driver licence or learner permit is subject to an alcohol interlock condition breaches the condition if— (a) the supplier, or a person or body authorised by the supplier, installs or maintains an approved alcohol interlock in a motor vehicle after the later of the following and before the end of the period of suspension— (i) the day specified in the notice published under subsection (2)(a); or (ii) if the person is sent a notice under subsection (2)(b), the day specified in the notice; and (b) the person drives the motor vehicle with that approved alcohol interlock after the later of those days and before the end of the period of suspension. S. 50AAI(4) amended by No. 93/2009 s. 16(1)(f)(g), repealed by No. 56/2013 s. 25(4). Note to s. 50AAI inserted by No. 56/2013 s. 25(5). Under section 50AAD(3), a person who breaches an alcohol interlock condition because the approval of an alcohol interlock supplier has been cancelled or suspended has a defence if the person proves that he or she reasonably believed that the supplier was approved or that the supplier's approval was in force (as the case requires). S. 50AAIA inserted by No. 93/2009 s. 18 (as amended by No. 29/2011 s. 3(Sch. 1 item 101)). 50AAIA Power of immediate suspension S. 50AAIA(1) amended by No. 49/2019 s. 116(Sch. 1 item 112). (1) The Secretary may immediately suspend an approval under section 50AAE if the Secretary considers it necessary to do so in the interests of public safety. S. 50AAIA(2) amended by No. 49/2019 s. 116(Sch. 1 item 112). (2) A suspension under this section may be for a specified period or until a specified event or until a further determination made by the Secretary. S. 50AAIA(3) amended by No. 49/2019 s. 116(Sch. 1 item 112). (3) A person or body whose approval under section 50AAE has been suspended under this section may require the Secretary, by notice served on the Secretary, to hold an inquiry under section 50AAIB into the suspension. S. 50AAIA(4) amended by No. 49/2019 s. 116(Sch. 1 item 112). (4) The Secretary must commence an inquiry under section 50AAIB within 7 days after service on the Secretary of a notice under subsection (3). (5) If an inquiry is held under section 50AAIB, a suspension under this section, if then still in effect, ceases to have effect on the completion of that inquiry. S. 50AAIB inserted by No. 93/2009 s. 18. 50AAIB Inquiry S. 50AAIB(1) amended by No. 49/2019 s. 116(Sch. 1 item 113). (1) The Secretary may hold an inquiry for the purpose of determining whether proper cause exists for taking action under section 50AAF(4) or 50AAIA against an approved alcohol interlock supplier. S. 50AAIB(2) amended by No. 49/2019 s. 116(Sch. 1 item 114). (2) Following an inquiry, if the Secretary is satisfied that proper cause for taking action under section 50AAF(4) or 50AAIA against the alcohol interlock supplier exists, the Secretary may— (a) reprimand the supplier; (b) warn the supplier that should further proper cause for taking action be found to exist, the supplier's approval may be cancelled; (c) impose one or more new conditions on the approval; (d) shorten the period for which the approval is to remain in force; S. 50AAIB(2)(e) amended by No. 49/2019 s. 116(Sch. 1 item 114). (e) suspend the approval for a specified period or until a specified event or until a further determination made by the Secretary; (f) cancel the approval immediately or with effect from a specified later date. S. 50AAIB(3) amended by No. 49/2019 s. 116(Sch. 1 item 115(a)(b)). (3) In exercising the Secretary's powers under this section, the Secretary— (a) must act fairly and according to equity and good conscience without regard to technicalities or legal forms; and S. 50AAIB(3)(b) amended by No. 49/2019 s. 116(Sch. 1 item 115(c)). (b) is not bound by rules or practice as to evidence but may inform themself in relation to any matter in any manner that the Secretary thinks fit. S. 50AAIB(4) substituted by No. 49/2019 s. 116(Sch. 1 item 116). (4) Subject to this section, the procedure on any inquiry under this section is at the discretion of the Secretary. S. 50AAIC inserted by No. 93/2009 s. 18. 50AAIC Effect of suspension An alcohol interlock supplier whose approval under section 50AAE is suspended is not approved during the period of the suspension. S. 50AAJ inserted by No. 1/2002 s. 7. 50AAJ Review by Tribunal S. 50AAJ(1) amended by No. 49/2019 s. 116(Sch. 1 item 117). (1) A person or body whose interests are affected by a decision of the Secretary— (a) under section 50AAE to refuse to give an approval; or S. 50AAJ(1)(b) amended by Nos 93/2009 s. 16(1)(h), 49/2014 s. 28(1). (b) under section 50AAH, 50AAI or 50AAIB to cancel, vary or suspend an approval— may apply for review of the decision to the Victorian Civil and Administrative Tribunal established by the **Victorian Civil and Administrative Tribunal Act 1998**. S. 50AAJ(1A) inserted by No. 49/2014 s. 28(2), amended by No. 49/2019 s. 116(Sch. 1 item 117). (1A) A decision of the Secretary 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. (b) if notice of the decision is published under section 50AAH(2)(a) or 50AAI(2)(a) in both the Government Gazette and a newspaper, the day on which the later notice is published; or S. 50AAJ(2)(c) amended by No. 49/2014 ss 28(3), 36(3). (c) if notice of the decision is given or sent to the person or body under section 50AAE(8), 50AAH(2), 50AAH(4), 50AAH(5) or 50AAI(1), the day on which the notice is given or sent to the person or body; or (d) if the person or body requests a statement of reasons for the decision under the **Victorian Civil and Administrative Tribunal Act 1998**, the day on which— S. 50AAK inserted by No. 28/2009 s. 9. 50AAK Offence for person to assist with contravention of alcohol interlock condition S. 50AAK(1) amended by No. 5/2016 s. 36(Sch. 1 item 26). (1) A person must not, without reasonable excuse, by‑pass or disengage an approved alcohol interlock installed in a motor vehicle being, or to be, driven by another person (a ***relevant person***) if the relevant person's driver licence or learner permit is subject to an alcohol interlock condition. 1. 25 penalty units. (2) A person does not commit an offence under subsection (1) if the person in the course of servicing or repairing the vehicle in which the interlock is installed— (a) for the purpose of so servicing or repairing the vehicle, by-passes or disengages the alcohol interlock in accordance with the supplier's instructions; and (b) removes the by-pass or re-engages the interlock— (i) at any time when the person is aware that the relevant person intends to drive the vehicle; and (ii) on completion of the work done by the person in servicing or repairing the vehicle; and (iii) at any time when the vehicle is taken to another person for servicing or repair work. S. 50AAK(3) amended by No. 5/2016 s. 36(Sch. 1 item 26). (3) A person must not, without reasonable excuse, blow into an approved alcohol interlock, or procure a person to blow into an approved alcohol interlock, installed in a motor vehicle for the purpose of enabling another person (the ***other person***) to drive the motor vehicle if the other person's driver licence or learner permit is subject to an alcohol interlock condition. (4) For the purposes of subsections (1) and (3), the accused has the burden of proving reasonable excuse. S. 50AAKA inserted by No. 49/2014 s. 29. 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. S. 50AAKA(2) amended by No. 49/2019 s. 116(Sch. 1 item 118(a)). (2) The purpose of imposing cost recovery fees is to recoup the overall costs incurred by the Secretary in— S. 50AAKA(2)(a) amended by No. 49/2019 s. 116(Sch. 1 item 118(b)). (a) establishing a process within the alcohol interlock scheme established by this Part for the exercise by the Secretary of the relevant functions 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 S. 50AAKA (2)(ab) inserted by No. 7/2019 s. 22. (ab) establishing processes arising from amendments made to this Part, and the insertion of section 103ZM, by the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019** and meeting the ongoing costs associated with those processes including the costs of processing applications under sections 50AAAE and 103ZM(6); 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. 50AAKA(3)(c) amended by No. 49/2019 s. 116(Sch. 1 item 119). (c) how a cost recovery fee may be paid to the Secretary; and S. 50AAKA(3)(d) amended by No. 49/2019 s. 116(Sch. 1 item 119). (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 Secretary 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. S. 50AAKA(5) amended by No. 49/2019 s. 116(Sch. 1 item 119). (5) Unless the regulations otherwise provide, a cost recovery fee is to be collected on behalf of the Secretary by the approved alcohol interlock supplier who maintains, or authorises a person or body to maintain, the alcohol interlock. (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 S. 50AAKA (6)(b) amended by No. 70/2016 s. 18. (b) whether it was imposed under section 31KA or 31KB or because of an alcohol interlock condition direction given by the Magistrates' Court. S. 50AAKA(7) amended by No. 49/2019 s. 116(Sch. 1 item 119). (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 Secretary. S. 50AAKA(8) amended by No. 49/2019 s. 116(Sch. 1 item 120). (8) Despite anything in section 97, all cost recovery fees received by the Secretary must be paid by the Secretary into the Roads Fund or another account or fund determined by the Treasurer or Minister administering Part 7 of the **Financial Management Act 1994**. (9) Nothing in this section limits section 97A. S. 50AAKA(10) inserted by No. 49/2019 s. 116(Sch. 1 item 121). (10) In this section— ***relevant functions*** means the functions conferred on the Corporation by the **Road Safety Amendment Act 2014** that have been conferred on the Secretary by the **Transport Legislation Amendment Act 2019**. S. 50AA inserted by No. 17/1994 s. 8, amended by Nos 1/2002 s. 8, 111/2003 s. 8(2), 24/2005 s. 4. 50AA Previous convictions[[7]](#endnote-8) In determining for the purpose of a provision specified in column 1 of the following table whether an offence (in this section referred to as ***the relevant offence***) is a first offence, any other offence in respect of which a conviction was recorded or a finding of guilt was made 10 years or more before the event specified in relation to that provision in column 2 is to be disregarded if not to do so would make the relevant offence a subsequent offence for the purpose of that provision. S. 50AA (Table) amended by Nos 81/2006 ss 5(7), 19(3)(e), 56/2013 s. 26, 49/2014 ss 30, 36(4), 37(8), 49/2014 s. 9, substituted by No. 70/2016 s. 19, amended by No. 68/2017 s. 10, substituted by No. 7/2019 s. 23, amended by Nos 6/2020 s. 5, 46/2024 s. 42C. **Table** | *Item No.* | *Column 1* | *Column 2* | | 1 | Section 25 | The commission of the corresponding interstate drink-driving offence | | 2 | Sections 31A and 31E | The making of an application for a licence eligibility order | | 3 | Sections 31KA and 31KB | The making of an application for the grant of the driver licence or learner permit | | 4 | Sections 50(1A), (1AD), (1B), (1C), (1D), (1DA), (1E) and (1F) and 85 | The commission of the relevant offence | | 5 | Section 50AAA | The making of an application for a licence eligibility order | | 6 | Schedule 1B—where it is applied for the purposes of section 50AAA | The making of an application for a licence eligibility order | | 7 | Schedule 1B—where it is applied for the purposes of section 31KA or 31KB | The making of an application for the grant of a driver licence or learner permit | S. 50A inserted by No. 5/1990 s. 8, amended by Nos 19/1991 s. 7(2)(3), 49/1991 s. 119(7) (Sch. 4 item 17.2), 41/1992 s. 4(f)(g)(i)(ii), 14/2000 s. 7(5)−(7), 94/2003 s. 8(15), 111/2003 s. 10, 49/2014 s. 10, 5/2016 s. 36(Sch. 1 item 27), repealed by No. 7/2019 s. 24. S. 51 amended by Nos 78/1987 s. 8, 44/1989 s. 41(Sch. 2 item 34.4), 53/1989 s. 9, 57/1989 s. 3(Sch. items 173.9–173.11), 19/1991 s. 8, 23/1994 s. 118(Sch. 1 item 50.3), 57/1998 s. 4(5)(a), 14/2000 s. 8, 46/2002 s. 9, 94/2003 s. 8(16)-(18), 14/2007 s. 19(1)(a), 28/2009 s. 10, 68/2009 s. 97(Sch. items 106.6, 106.7), 69/2009 s. 54(Sch. Pt 1 item 50.9), 93/2009 s. 23(2), 75/2010 s. 15, 74/2013 s. 19, 37/2014 s. 10(Sch. item 147.8), 49/2014 s. 11, 5/2016 s. 36(Sch. 1 item 28), 49/2019 ss 111, 116(Sch. 1 item 122), repealed by No. 6/2020 s. 6. S. 52 (Heading) inserted by No. 94/2003 s. 8(19). S. 52 amended by No. 44/1989 s. 41(Sch. 2 item 34.4).