36Persons not required to complete first‑stage behaviour change program

36 Persons not required to complete first‑stage behaviour change program

Reg. 36(1) revoked by S.R. No. 123/2020 reg. 5.

(2) For the purposes of section 58F(3) of the Act, the following persons are not required to complete a first-stage behaviour change program—

(a) a person who would not otherwise be required to complete a first-stage behaviour change program, except for the person being convicted or found guilty of a corresponding interstate drink-driving offence (or any other offence in another State or a Territory that resulted in the imposition of an alcohol interlock condition in that other jurisdiction) that was committed before 30 April 2018;

(b) a person referred to in section 31KB(1)(a) of the Act;

Reg. 36(2)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(c) a person who is exempted from the requirement to complete a first-stage behaviour change program by the Secretary because the Secretary is satisfied that the person completed a rehabilitation, education or behaviour change program required to be completed in another jurisdiction with respect to the relevant offence.

Reg. 36(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(3) A person, on application to the Secretary, may be exempted from the requirement to complete a first-stage behaviour change program if there are exceptional circumstances that would make it unreasonable to require the person to complete the program.

Reg. 36(4) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(4) On receipt of an application under subregulation (3), the Secretary may in writing exempt the applicant from the requirement to complete a first‑stage behaviour change program if satisfied that the exceptional circumstances referred to in that subregulation apply to the applicant.

Reg. 36(5) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(5) If a person commits 2 or more offences arising from the same set of circumstances, the Secretary may only require the person to complete a first‑stage behaviour change program in respect of one of those offences.

(6) For the purposes of subregulation (5), the same set of circumstances is constituted by one continuous period during which a person continues to drive or be in charge of a motor vehicle.

Reg. 36(7) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 22).

(7) If a person commits 2 or more offences that are heard together in court, the Secretary may only require the person to complete a first-stage behaviour change program in respect of one of those offences.