85ZImmediate disqualification for charges for other drug or alcohol related offences

85Z Immediate disqualification for charges for other drug or alcohol related offences (1) This section applies if a non-Victorian licence or permit holder or unlicensed driver is charged with a relevant offence. (2) Any police officer, by written notice, may, at any time after the filing of the charge-sheet charging the relevant offence until the charge has been determined, disqualify the non‑Victorian licence or permit holder or unlicensed driver from obtaining a driver licence or learner permit. ***relevant offence*** means an offence under section 49(1)(ba), (ca), (ea) or (eb). S. 85ZA inserted by No. 30/2021 s. 64. 85ZA Immediate disqualification where certain certificates of breath or blood alcohol concentration issued (1) This section applies if a non-Victorian licence or permit holder or unlicensed driver is issued with a relevant breath or blood alcohol concentration certificate, in relation to an offence under section 49(1)(b), (bc), (f), (g) or (j). (2) Any police officer, by written notice, may, at any time within the period of 12 months after the issue of the certificate, disqualify the non-Victorian licence or permit holder or unlicensed driver from obtaining a driver licence or learner permit. ***relevant breath or blood alcohol concentration certificate*** means a certificate— (a) issued to a person under section 55(4) or 57; and (b) that states that the concentration of alcohol present in the breath or blood of the person as indicated by the analysis of the person's breath or blood sample is— (i) 0·10 grams or more per 210 litres of exhaled air or 100 millilitres of blood (as the case requires), if the person holds a full non-Victorian licence; or (ii) 0⋅07 grams or more per 210 litres of exhaled air or 100 millilitres of blood (as the case requires), if the person holds a non-Victorian learner permit or non‑Victorian probationary or provisional licence or is an unlicensed driver; or (iii) the prescribed concentration of alcohol or more than the prescribed concentration of alcohol, if the person has, within 10 years before the commission of the alleged offence, been found guilty or convicted of an offence (other than a supervising driver offence) referred to in section 48(2)(a), (b), (c), (e) or (f). S. 85ZB inserted by No. 30/2021 s. 64. 85ZB Period of disqualification (1) A disqualification under section 85Y or 85Z remains in effect until— (2) A disqualification under section 85ZA remains in effect, subject to section 85ZC, until the lesser of— (a) 12 months after the notice of disqualification is given; or (b) the period, after the notice is given, set out in Column 2 of Schedule 1 or of Schedule 1AB (as the case requires) that corresponds to the breath or blood alcohol concentration in Column 1 of that Schedule that is stated in the certificate. S. 85ZC inserted by No. 30/2021 s. 64. 85ZC Effect of issue of traffic infringement notice (a) a non-Victorian licence or permit holder or unlicensed driver is, under section 85ZA, disqualified from obtaining a driver licence or learner permit; and (b) less than 28 days before the end of the period of disqualification, a traffic infringement notice is issued against the person in respect of the alleged offence— the period of disqualification under section 85ZB(2)(b) is not affected by the person giving a notice of objection to the traffic infringement notice before the end of the period of disqualification but, if the person does not give a notice of objection before the end of the period of disqualification, the period of disqualification is extended until the end of the 28 day period for giving the notice of objection. (a) a non-Victorian licence or permit holder or unlicensed driver is, under section 85ZA, disqualified from obtaining a driver licence or learner permit; and (b) 28 days or more before the end of the period of disqualification, a traffic infringement notice is issued against the person in respect of the alleged offence— the period of disqualification under section 85ZB(2)(b) is not affected by the person giving a notice of objection to the traffic infringement notice within the 28 day period for doing so. (a) subsection (1) or (2) applies to a non‑Victorian licence or permit holder; and (b) the non-Victorian licence or permit holder does not give a notice of objection to the traffic infringement notice within the 28 day period for doing so— any period of disqualification under this section ends when the non-Victorian licence or permit holder is disqualified from driving a motor vehicle on a road in Victoria under section 89C and the period for which the person is disqualified under that section is reduced by the period of the disqualification under section 85ZA (as extended, if applicable, by subsection (1)). (a) a non-Victorian licence or permit holder is disqualified, under section 85ZA, from obtaining a driver licence or learner permit; and (b) after the period of disqualification under section 85ZA a traffic infringement notice is issued against the non-Victorian licence or permit holder in respect of the alleged offence; and (c) the non-Victorian licence or permit holder does not give a notice of objection to the traffic infringement notice within the 28 day period for doing so; and (d) the non-Victorian licence or permit holder is disqualified from driving a motor vehicle under section 89C— the period for which the person is disqualified from driving a motor vehicle under section 89C is reduced by the period of disqualification under section 85ZA. S. 85ZD (Heading) amended by No. 18/2022 s. 19(3). S. 85ZD inserted by No. 30/2021 s. 64. 85ZD Effect of charging a person who has been disqualified under section 85ZA If a non-Victorian licence or permit holder or unlicensed driver is disqualified, under section 85ZA, from obtaining a driver licence or learner permit is charged with the alleged offence during the period of disqualification (as extended, if applicable, by section 85ZC(1)), from the time the charge-sheet is filed the disqualification is taken to be instead a disqualification under section 85Y. The period of disqualification therefore continues until the charge is determined by a court (see section 85ZB(1)). Division 3—Immediate disqualification for certain speeding offences S. 85ZE (Heading) amended by No. 18/2022 s. 19(4). S. 85ZE inserted by No. 30/2021 s. 64. 85ZE Immediate disqualification for certain speeding offences (1) This section applies if a non-Victorian licence or permit holder or unlicensed driver is charged by a police officer with a relevant speeding offence that has been detected by a speed detector. (2) Any police officer, by written notice, may, at any time after the filing of the charge-sheet charging the relevant speeding offence until the charge has been determined, disqualify the person from obtaining a driver licence or learner permit. ***relevant speeding offence*** means an offence— (a) against section 64 where a motor vehicle was driven— (ii) if the applicable speed limit was 110 kilometres per hour, at a speed of 145 kilometres per hour or more; or (b) against section 65B or rule 20 of the Road Rules where a motor vehicle was driven— (ii) if the applicable speed limit was 110 kilometres per hour, at a speed of 145 kilometres per hour or more. S. 85ZF inserted by No. 30/2021 s. 64. 85ZF Immediate disqualification where certain traffic infringement notices issued (1) This section applies if a police officer issues a non-Victorian licence or permit holder or unlicensed driver with a relevant traffic infringement notice in respect of an offence that was detected by a speed detector. (2) The police officer, by written notice given to the person at the same time as they issue the relevant traffic infringement notice, may disqualify the person from obtaining a driver licence or learner permit. S. 85ZF(3) def. of *relevant traffic infringement notice* amended by No. 34/2023 s. 54. ***relevant traffic infringement notice*** means a traffic infringement notice issued to a person in respect of an offence against section 65B or rule 20 of the Road Rules where a motor vehicle was driven— (a) at a speed of 45 kilometres per hour or more over the applicable speed limit; or (b) if the applicable speed limit was 110 kilometres per hour, at a speed of 145 kilometres per hour or more. S. 85ZG inserted by No. 30/2021 s. 64. 85ZG Period of disqualification (1) A disqualification under section 85ZE remains in effect until— (2) Subject to subsection (3), a disqualification under section 85ZF remains in effect until a period of 12 months expires after the notice of disqualification is issued. (3) A disqualification, under section 85ZF, of a non‑Victorian licence or permit holder from obtaining a driver licence or learner permit for an infringement referred to in paragraph (b) of the definition of ***relevant traffic infringement notice*** in section 85ZF(3), where the speed in respect of which the notice was issued was less than 155 kilometres per hour, remains in effect until whichever of the following first occurs— (a) a period of 6 months expires after the notice of disqualification is issued; (b) the non-Victorian licence or permit holder is disqualified from driving a motor vehicle on a road in Victoria under section 89D. (4) If a non-Victorian licence or permit holder— (a) is, under section 85ZF, disqualified from obtaining a driver licence or learner permit for a traffic infringement; and (b) is subsequently disqualified from driving a motor vehicle on a road in Victoria for that traffic infringement by the operation of section 89D— the period of disqualification under this Division must be taken into account in determining the period of disqualification under section 89D. Pt 6C Div. 4 (Heading) amended by No. 18/2022 s. 13. Division 4—Immediate disqualification for certain other offences S. 85ZH inserted by No. 30/2021 s. 64. 85ZH Immediate disqualification for certain offences resulting in injury or death (1) If a non-Victorian licence or permit holder or unlicensed driver is charged by a police officer with a relevant offence, a senior police officer, by written notice, may, at any time on or after the charge-sheet is given to the person until the charge has been determined, disqualify the person from obtaining a driver licence or learner permit. (2) The senior police officer must not, under subsection (1), disqualify a non-Victorian licence or permit holder or unlicensed driver from obtaining a driver licence or learner permit unless the senior police officer is reasonably satisfied that— S. 85ZH(2)(a) substituted by No. 18/2022 s. 14(1). (a) the commission of the relevant offence by the person resulted in injury or death; and (b) the person is an unacceptable risk to road safety until the charge is determined. (3) If the non-Victorian licence or permit holder or unlicensed driver is charged with more than one relevant offence at the same time, a disqualification under subsection (1) applies to each charge for a relevant offence. S. 85ZH(4) def. of *relevant offence* substituted by No. 18/2022 s. 14(2)(a). (a) an offence of murder or attempted murder arising out of the driving of a motor vehicle; or (b) an offence of manslaughter arising out of the driving of a motor vehicle; or (c) an offence against section 15A, 15B, 16, 17 or 18 of the **Crimes Act 1958** arising out of the driving of a motor vehicle; or (d) an offence against section 24 of the **Crimes Act 1958** arising out of the driving of a motor vehicle; or (e) an offence against section 318(1) of the **Crimes Act 1958** arising out of the driving of a motor vehicle (other than the operating of a vessel); or (f) an offence against section 319(1) or (1A) of the **Crimes Act 1958** arising out of the driving of a motor vehicle (other than the operating of a vessel). S. 85ZH(4) def. of *senior police officer* repealed by No. 18/2022 s. 14(2)(b). S. 85ZHA inserted by No. 18/2022 s. 15. 85ZHA Immediate disqualification for certain other offences (1) This section applies if a non-Victorian licence or permit holder or unlicensed driver (the ***accused***) is charged by a police officer with— (a) an offence against section 61(1)(a) or (b); or (b) an offence against any of the following provisions of the **Crimes Act 1958**— (i) section 317AC; (ii) section 317AD; (iii) section 317AE; (iv) section 317AF; (v) section 319AA(1). (2) A senior police officer, by written notice, may disqualify the accused from obtaining a driver licence or learner permit at any time on or after the charge-sheet is given to the accused until the charge has been determined. (3) The senior police officer must not, under subsection (2), disqualify the accused from obtaining a driver licence or learner permit unless the senior police officer is reasonably satisfied that— (a) in the case where the accused has been charged with an offence against section 61(1)(a) or (b)— (i) another person has died or suffered serious injury from the accident that occurred; and (ii) the accused is an unacceptable risk to road safety until the charge is determined; and (b) in the case where the accused has been charged with an offence against section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the **Crimes Act 1958**—the accused is an unacceptable risk to road safety until the charge is determined. S. 85ZI inserted by No. 30/2021 s. 64. 85ZI Period of disqualification S. 85ZI(1) amended by No. 18/2022 s. 16. (1) A disqualification under section 85ZH or 85ZHA remains in effect until— (2) The period determined under subsection (1) applies irrespective of whether or not the person charged is in custody. Division 5—General provisions S. 85ZJ inserted by No. 30/2021 s. 64. 85ZJ When does disqualification commence? A disqualification of a non-Victorian licence or permit holder or unlicensed driver under this Part commences when the person who disqualifies the non-Victorian licence or permit holder or unlicensed driver gives the notice of the disqualification to the non-Victorian licence or permit holder or unlicensed driver. S. 85ZK inserted by No. 30/2021 s. 64. 85ZK Content and copies of notice (1) A notice of disqualification under this Part must— (a) specify the period of disqualification or the circumstances that will end the disqualification, as determined under the relevant Division of this Part; and (b) contain the prescribed particulars. (2) A person who gives a notice of disqualification under this Part must cause a copy of that notice to be sent immediately to the Secretary. S. 85ZL inserted by No. 30/2021 s. 64. 85ZL When is a non-Victorian licence or permit holder or unlicensed driver charged with an offence? For the purposes of this Part, a non-Victorian licence or permit holder or unlicensed driver is charged with an offence when a copy of the charge-sheet that is signed by the police officer or the employee of the Department is given to the non-Victorian licence or permit holder or unlicensed driver. S. 85ZM inserted by No. 30/2021 s. 64. 85ZM Effect of disqualification under this Part (1) A person must not apply for or obtain a driver licence or learner permit while the person is disqualified from obtaining a driver licence or learner permit under this Part. (2) A driver licence or learner permit obtained while a person is disqualified from obtaining a driver licence or learner permit under this Part is of no effect. S. 85ZN inserted by No. 30/2021 s. 64. 85ZN Effect of later disqualification by a court If, on the hearing of the charge against a person who has been disqualified under this Part from obtaining a driver licence or learner permit because of the charge, the court must take into account, in fixing the period of disqualification, the period of disqualification under this Part. S. 85ZO inserted by No. 30/2021 s. 64. 85ZO Cancellation of disqualification (1) The Chief Commissioner of Police may cancel a disqualification under this Part by giving written notice of cancellation to the person to whom the notice of disqualification was given. (2) Immediately on giving written notice of cancellation under subsection (1), the Chief Commissioner of Police must give a copy of the notice of cancellation to the Secretary. S. 85ZP inserted by No. 30/2021 s. 64. 85ZP Supervising driver offences This Part does not apply to a person who is convicted or found guilty of a supervising driver offence. S. 85ZQ inserted by No. 30/2021 s. 64. 85ZQ Appeal to the Magistrates' Court (1) A person who, under this Part, has been disqualified from obtaining a driver licence or learner permit may appeal against the decision to disqualify them to the Magistrates' Court. (2) Before a person commences an appeal to the Magistrates' Court under subsection (1), the person must give at least 14 days' written notice of the commencement of the appeal to— (b) a registrar of the Magistrates' Court. (3) In a notice under subsection (2), the person must set out— (a) for an appeal against a decision to disqualify them under Division 2 or 3, the alleged exceptional circumstances; and (b) for an appeal against a decision to disqualify them under Division 4, the reasons why the person is not an unacceptable risk to road safety. S. 85ZR inserted by No. 30/2021 s. 64. 85ZR Orders Magistrates' Court may make in the proceeding (1) On an appeal under section 85ZQ against a decision under Division 2 or 3 to disqualify a person from obtaining a driver licence or learner permit, the Magistrates' Court may make an order— (a) confirming the disqualification; or (b) cancelling the disqualification. (2) The Court must not make an order under subsection (1) cancelling the disqualification unless the Court is satisfied that exceptional circumstances exist which justify the making of such an order. (3) On an appeal under section 85ZQ against a decision under Division 4 to disqualify a person from obtaining a driver licence or learner permit, the Magistrates' Court may make an order— (a) confirming the disqualification; or (b) cancelling the disqualification. (4) The Court must not make an order under subsection (3) cancelling the disqualification unless the Court is satisfied that the person charged is not an unacceptable risk to road safety. (5) The Secretary must give effect to any order of the Court under this section. S. 85ZS inserted by No. 30/2021 s. 64. 85ZS Cross-examination as to offence with which person is charged On an appeal under section 85ZQ against a decision to, under Division 4, disqualify a person from obtaining a driver licence or learner permit— (a) the person who has been disqualified must not be examined or cross‑examined by the magistrate or any other person as to the offence with which the person is charged; and (b) no inquiry may be made of the person as to that offence. S. 85ZT inserted by No. 30/2021 s. 64, amended by No. 18/2022 s. 17. 85ZT Prohibition on use of information or documents in subsequent proceedings Any information given or document produced on an appeal under section 85ZQ against a decision to, under section 85ZH or 85ZHA, disqualify a person from obtaining a driver licence or learner permit is not admissible in evidence in the proceeding for the hearing of the charge in respect of which the person was disqualified. S. 85ZU inserted by No. 30/2021 s. 64. 85ZU Orders courts may make during other processes If a person who, under this Part, has been disqualified from obtaining a driver licence or learner permit is before a court for any reason in relation to the alleged offence for which they were disqualified under this Part, the court may make an order cancelling the disqualification if the court is satisfied that— (a) in relation to a disqualification under Division 2 or 3, exceptional circumstances exist which justify making the order; or (b) in relation to a disqualification under Division 4, the person charged is not an unacceptable risk to road safety.