VICIn ForceAct
Road Safety Act 1986
Part 11as in force immediately before its repeal by item 8.35 of the Schedule to the **Heavy Vehicle National Law Application Act 2013**, continues to apply to offences alleged to have been committed before that commencement.
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Part 11 as in force immediately before its repeal by item 8.35 of the Schedule to the **Heavy Vehicle National Law Application Act 2013**, continues to apply to offences alleged to have been committed before that commencement.
S. 103ZH inserted by No. 55/2013 s. 9, renumbered as
s. 103ZHA by No. 49/2014 s. 62(2).
103ZHA Transitional provisions—Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013
(1) Part 7B as inserted by section 7 of the **Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013** applies only to the use or disclosure of relevant information, within the meaning of section 90I, that occurs after the commencement of section 7 of that Act, irrespective of when the relevant information is collected or received.
(2) Section 92, as in force immediately before the commencement of section 8 of the **Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013**, continues to apply to the use and disclosure of information referred to in section 92(2)(a), as so in force, that occurred before the commencement of section 8 of that Act.
(3) A confidentiality agreement entered into under section 92(4) before the commencement of section 8 of the **Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013** that is in force on that commencement is taken to be an information protection agreement under section 90N.
S. 103ZHB inserted by No. 74/2013 s. 7A (as amended by No. 20/2015 s. 41).
103ZHB Transitional provision—Road Legislation Amendment Act 2013
(1) In this section, ***commencement day*** means the day on which section 4 of the **Road Legislation Amendment Act 2013** comes into operation.
(2) Part 4 of this Act applies to demerit points whether the demerit points are incurred before or after the commencement day.
(3) Without limiting the generality of subsection (2)—
(a) in sections 36(1) and 46A, a reference to demerit points that a person incurs includes any demerit points incurred by the person before the commencement day; and
(b) in section 37(1), a reference to further demerit points that a person incurs includes any demerit points incurred by the person after the earlier notice is issued but before the commencement day; and
(c) in sections 39(1) and 40(1), a reference to additional demerit points that a person incurs includes any demerit points incurred by the person within the extended demerit point period but before the commencement day.
S. 103ZI inserted by No. 49/2014 s. 60.
103ZI Transitional provisions—Road Safety Amendment Act 2014
(1) In this section, the **Road Safety Amendment Act 2014** is called the amending Act.
(2) Section 26(3A), as inserted by section 15(1) of the amending Act, applies only with respect to decisions made by the Magistrates' Court on or after the commencement of that section 15(1).
(3) Section 31KA, as inserted by section 17 of the amending Act, applies only with respect to an offence under section 49(1)(b), (f) or (g) that is alleged to have been committed on or after the commencement of that section 17.
(4) The amendments of section 50 made by section 18(1) of the amending Act apply only with respect to an offence under section 49(1)(b), (f) or (g) that is alleged to have been committed on or after the commencement of that section 18(1).
(5) Sections 50AAAB and 50AAAC, as inserted by section 19 of the amending Act, apply only with respect to an alcohol interlock condition imposed for an offence that is alleged to have been committed on or after the commencement of that section 19.
(6) Section 50AAAD, as inserted by section 19 of the amending Act, applies with respect to requirements and conditions of a kind referred to in section 50AAAD(2), whether imposed before, on or after the commencement of that section 19.
(7) An amendment of section 50AAB made by a provision of section 20 of the amending Act applies only with respect to an application made under section 50AAB(4) in relation to an alcohol interlock condition imposed for an offence that is alleged to have been committed on or after the commencement of that provision.
(8) An amendment of section 50AAD, 50AAE, 50AAF, 50AAG, 50AAH, 50AAI or 50AAJ made by a provision of sections 22 to 28 of the amending Act, applies with respect to approvals under section 50AAE, whether given before, on or after the commencement of that provision.
(9) The amendment of section 52(1B) made by section 31 of the amending Act applies only with respect to a disqualification from obtaining a driver licence or learner permit imposed on or after the commencement of that section 31 in respect of an offence that is alleged to have been committed on or after that commencement.
(10) Section 89C(1A) and (2), as inserted by section 32(1) of the amending Act, applies only with respect to a drink-driving infringement alleged to have been committed on or after the commencement of that section 32(1).
(11) The amendments of section 52(1E), (1F)(b) and (1G) made by section 45 of the amending Act apply only with respect to a driver licence which authorises the holder to drive a motor cycle granted on or after the commencement of that section 45.
(12) For the purposes of any provision of this section, if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of a section of the amending Act specified by the provision, the offence is alleged to have been committed before that commencement.
(13) A provision of this Act, as amended by a provision of the amending Act, that applies to an offence that is a second or subsequent offence of a person applies to an offence that is alleged to have been committed by the person on or after the commencement of that provision of the amending Act if that offence is a second or subsequent offence of the person under section 48(2), 50AAA(9) or 50AA (as the case requires) when regard is had to a previous offence committed before, on or after that commencement.
(14) The operation of subsection (13) is not affected by subsection (4) or any other provision of this section.
S. 103ZJ inserted by No. 70/2016 s. 22.
103ZJ Transitional provision—Road Legislation Further Amendment Act 2016
In determining for the purposes of sections 25 and 31KB of this Act, as inserted by the **Road Legislation Further Amendment Act 2016** (the ***amending Act***), whether a Victorian drink‑driving offence to which a corresponding interstate drink‑driving offence corresponds would be a person's first, second or subsequent offence under sections 48(2), (5) and (6) and 50AA or section 50AAA(9) (as the case requires), regard may be had to—
(a) previous offences committed by the person on or after the commencement of Division 2 of Part 3 of the amending Act; and
(b) previous offences committed by the person before the commencement of Division 2 of Part 3 of the amending Act, if the corresponding interstate drink-driving offence is committed after that commencement.
S. 103ZK inserted by No. 68/2017 s. 85.
103ZK Transitional provisions—Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017
(1) On and after the commencement of section 5 of the **Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017**, a reference to section 23A of thisAct is taken to include a reference to regulation 29 of the Road Safety (Drivers) Regulations 2009 as in force before that commencement.
(2) Section 23B as inserted by section 6 of the **Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017** applies to any application for a driver licence or learner permit made to the Corporation that, under that section, may only be granted subject to an alcohol interlock condition, whether the offence giving rise to that restriction was committed before, on or after the day on which section 6 of that Act comes into operation.
(3) Section 25A as inserted by section 7 of the **Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017** applies to a person currently disqualified under the law of another jurisdiction, within the meaning of section 25A, from driving or obtaining a driver licence or learner permit in that jurisdiction, whether the period of disqualification commenced before, on or after the day on which section 7 of that Act comes into operation.
(4) In determining for the purposes of section 31KB of this Act, as substituted by section 8 of the **Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017** (the ***amending Act***), whether a Victorian drink‑driving offence to which a corresponding interstate drink‑driving offence corresponds would be a person's first, second or subsequent offence under sections 48(2), (5) and (6) and 50AA or section 50AAA(9) and Schedule 1B (as the case requires), regard may be had to—
(a) previous offences committed by the person on or after the commencement of section 8 of the amending Act; and
(b) previous offences committed by the person before the commencement of section 8 of the amending Act, if the corresponding interstate drink-driving offence is committed after that commencement.
(5) Subject to subsection (6), sections 31A to 31H, 49A, 50AAAB and 50AAB and Schedule 1A as in force immediately before the day on which section 24 of the **Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017** comes into operation (the ***commencement day***), continue to apply to any offence committed before the commencement day (other than an offence for which a disqualification was imposed under section 89A(1) of the **Sentencing Act 1991**).
(6) On and after the day on which section 24 of the **Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act** **2017** comes into operation (the ***commencement day***), the amendments made to this Act by Division 2 of Part 2.2 of that Act apply in relation to—
(a) any offence committed on or after the commencement day; and
(b) any offence committed before the commencement day (other than an offence referred to in paragraph (c)) if the person who committed the offence—
(i) does not hold a driver licence or learner permit immediately before the commencement day; and
(ii) is not granted a driver licence or learner permit within 12 months after the commencement day; and
(c) any offence for which a disqualification was imposed under section 89A(1) of the **Sentencing Act 1991** committed before the commencement day.
(7) Subject to subsection (8), Part 6A, as in force immediately before the day on which Part 2.3 of the **Transport Legislation Amendment (Road Safety, Rail and Other** **Matters) Act 2017** comes into operation (the ***commencement day***), continues to apply to any relevant offence, within the meaning of 84C(1) as in force immediately before the commencement day, that is committed before the commencement day.
(8) On and after the day on which section 31 ofthe **Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017** comes into operation (the ***commencement day***), Part 6A as amended by Part 2.3 of that Act applies to—
(a) relevant offences committed on or after the commencement day; and
(b) relevant offences committed before the commencement day if the most recent relevant offence is alleged to have been committed on or after the commencement day.
(9) For the purposes of subsection (8), if a relevant offence is alleged to have been committed between 2 dates, one before and one after the commencement day (within the meaning of subsection (8)), the relevant offence is alleged to have been committed before the commencement day.
(10) On and after the day on which Part 2.5 of the **Transport Legislation Amendment (Road Safety, Rail and Other Matters) Act 2017** comes into operation (the ***commencement day***), Part 4 as amended by Part 2.5 of that Act applies to an extended demerit point period or the suspension of a driver licence or learner permit under Division 3 of Part 4 whether—
(a) the extended demerit point period or the suspension commenced before, on or after the commencement day; or
(b) the offences that gave rise to the extended demerit point period or the suspension were committed before, on or after the commencement day; or
(c) the conviction or finding of guilt in relation to an offence referred to in paragraph (b) occurred before, on or after the commencement day.
S. 103ZL inserted by No. 65/2017 s. 24(2).
103ZL Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017
S. 103ZL(1) amended by No. 3/2019 s. 91(1).
(1) The amendment of section 84C(1)(a) and (b) made by section 23 of the **Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017** applies only to offences alleged to have been committed on or after the commencement of that section of that Act.
S. 103ZL(2) amended by No. 3/2019 s. 91(2).
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 23 of the **Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017**, the offence is alleged to have been committed before the commencement of that section.
S. 103ZLA inserted by No. 3/2019 s. 92.
103ZLA Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019
(1) The amendment to the definition of ***relevant offence*** in section 84C(1) made by section 90 of the **Justice Legislation Amendment (Police and Other Matters) Act 2019** applies only to offences alleged to have been committed on or after the commencement of that section of that Act.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 90 of the **Justice Legislation Amendment (Police and Other Matters) Act 2019**, the offence is alleged to have been committed before that commencement.
S. 103ZLB inserted by No. 30/2021 s. 68.
103ZLB Transitional provision—Transport Legislation Miscellaneous Amendments Act 2021
(1) The amendment to the definition of ***relevant offence*** in section 84C(1) made by section 61(1) of the **Transport Legislation Miscellaneous Amendments Act 2021** applies only to offences alleged to have been committed on or after the commencement of that section of that Act.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 61(1) of the **Transport Legislation Miscellaneous Amendments Act 2021**, the offence is alleged to have been committed before that commencement.
S. 103ZM inserted by No. 7/2019 s. 27.
103ZM Transitional provisions—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
(1) Section 31KA(1), as amended by section 12 of the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019**, applies in relation to the offences specified in section 31KA(1) whether those offences were committed before, on or after the commencement of section 12 of that Act.
(2) The amendments to section 50AAAC by section 17 of the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019** apply in relation to alcohol interlock usage data whether that data was collected before, on or after the commencement of section 17 of that Act.
(3) On and after the commencement of section 19 of the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019**, a person seeking the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit must apply to the Corporation under section 50AAAB irrespective of—
(a) when the alcohol interlock condition was imposed; or
(b) whether the alcohol interlock condition was imposed by the Corporation on the direction of the Magistrates' Court or otherwise.
(4) If immediately before the commencement of section 25(2) of the **Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019**, a driver licence or learner permit held by a person is subject to an alcohol interlock condition because the person was, or by force of section 3AD was taken to be, disqualified from obtaining a driver licence or learner permit under section 89A(1) of the **Sentencing Act 1991**—
(a) the driver licence or learner permit continues to be subject to the alcohol interlock condition for the term that applied before that commencement; and
(b) while the alcohol interlock condition is in force, sections 19(7A) and 52(1B), as in force immediately before that commencement, continue to apply to the person; and
(c) when the specified period of each and every alcohol interlock condition applying to the person has elapsed, the person may apply for the removal of the alcohol interlock condition under section 50AAAB.
(5) Despite section 103ZI(5), on and after the date on which this subsection comes into operation, if a person's driver licence or learner permit has an alcohol interlock condition imposed in respect of an offence committed before 1 October 2014—
(a) the person is subject to the prescribed alcohol interlock usage data requirements; and
(b) in determining compliance with those requirements, the Corporation may have regard to alcohol interlock usage data collected at any time during the period of the alcohol interlock condition, including data collected before the date on which this provision comes into operation.
(6) A person to whom subsection (5) applies, on application made in the prescribed manner within 12 months after the date on which subsection (5) comes into operation, may be exempted from prescribed alcohol interlock usage requirements by the Corporation if—
(a) the Corporation is satisfied that there are special circumstances for doing so; and
(b) the person has, or has had, an approved alcohol interlock installed in a motor vehicle and data collected on the last 6 months usage of the approved alcohol interlock has not indicated a failed attempt to start the motor vehicle as a result of it detecting alcohol.
S. 103ZN inserted by No. 41/2020 s. 22.
103ZN Transitional provision—Transport Legislation Amendment Act 2020
The amendments made to this Act—
(a) by section 18 of the **Transport Legislation Amendment Act 2020** do not apply to any registration number rights sold before the commencement of that section; and
(b) by section 20 of the **Transport Legislation Amendment Act 2020** do not apply to any non‑standard number plates or replacement non‑standard number plates issued before the commencement of that section.
S. 103ZN inserted by No. 6/2020 s. 9, renumbered as s. 103ZNA by No. 25/2025 s. 18(4).
103ZNA Transitional provision—Road Safety and Other Legislation Amendment Act 2020
***commencement day*** means the day on which section 6 of the **Road Safety and Other Legislation Amendment Act 2020** commences;
***section 51(1) suspension*** means a suspension, that was in force immediately before the commencement day, of a driver licence or learner permit by a notice under section 51(1) (as in force before the commencement day);
***section 51(1A) suspension*** means a suspension, that was in force immediately before the commencement day, of a driver licence or learner permit by a notice under section 51(1A) (as in force before the commencement day);
***section 51(1B) suspension*** means a suspension, that was in force immediately before the commencement day, of a driver licence or learner permit by a notice under section 51(1B) (as in force before the commencement day);
***section 51(10) appeal*** means an appeal, that was on foot immediately before the commencement day, to the Magistrates' Court under section 51(10) (as in force before the commencement day).
(2) On and from the commencement day—
(a) a section 51(1) suspension is taken to be a suspension under section 85;
(b) a section 51(1A) suspension is taken to be a suspension under section 85A;
(c) a section 51(1B) suspension is taken to be a suspension under section 85B.
(3) On and from the commencement day, a section 51(10) appeal is taken to be an appeal under section 85S.
S. 103ZO inserted by No. 34/2023 s. 57.
103ZO Transitional provision—Transport Legislation Amendment Act 2023—exemption from, or removal of, alcohol interlock condition
(1) Section 50AAAD, as in force immediately before the commencement day, continues to apply to a person who is convicted or found guilty of one or more offences found to have been committed before that day if, on or after that day, the Secretary—
(a) grants the person an exemption under section 50AAAD in relation to a requirement to impose an alcohol interlock condition only on the basis of those offences; or
(b) removes an alcohol interlock condition under section 50AAAD that was imposed on the person's driver licence or learner permit only on the basis of those offences.
***commencement day*** means the day on which section 43 of the **Transport Legislation Amendment Act 2023** comes into operation.
S. 103ZP inserted by No. 34/2023 s. 57.
103ZP Transitional provision—Transport Legislation Amendment Act 2023—zero blood or breath alcohol
(1) Without limiting section 52(1BBB), that subsection applies to a person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under section 31KA or 31KB, or by reason of an alcohol interlock condition direction under section 50AAA, if—
(a) that condition is imposed on the basis of at least two offences for which the person is convicted or found guilty; and
(b) the latest of those offences was found to have been committed on or after the commencement day.
(2) Without limiting section 52(1BBC), that subsection applies to a person granted a driver licence or learner permit on which an alcohol interlock condition would have been imposed, if not for an exemption under section 50AAAD, if—
(a) the exemption is granted in relation to a requirement to impose an alcohol interlock condition on the basis of at least two offences for which the person is convicted or found guilty; and
(b) the latest of those offences was found to have been committed on or after the commencement day.
***commencement day*** means the day on which section 44(2) of the **Transport Legislation Amendment Act 2023** comes into operation.
S. 103ZQ inserted by No. 46/2024 s. 16.
103ZQ Transitional provision—Roads and Road Safety Legislation Amendment Act 2024
(1) This section applies if, immediately before the commencement of section 14(1) of the **Roads and Road Safety Legislation Amendment Act 2024**, a person owns registration number rights in respect of a particular registration number.
(2) On and after that commencement, the person cannot sell, transfer or bequeath the registration number rights to a person who has not attained the age prescribed for the purposes of section 5AD(2)(f).
S. 104
inserted by No. 14/2000 s. 24.