37Persons required to complete second-stage behaviour change program

37 Persons required to complete second-stage behaviour change program

(1) For the purposes of section 58D(1) of the Act, a person is required to complete a second-stage behaviour change program before the person may apply for the removal of an alcohol interlock condition imposed on the person's driver licence or learner permit if—

(a) the person commits—

(i) an offence referred to in section 58C(2) of the Act; or

(ii) 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) and section 31KB of the Act applies to the person; and

(b) the person was subject to an alcohol interlock condition under the Act with respect to that offence; and

(c) the offence referred to in paragraph (a) is—

(i) a second or subsequent offence; or

(ii) a first offence other than—

(A) a first offence against section 49(1)(b), (f) or (g) of the Act committed in circumstances where the concentration of alcohol present in the blood of the person was less than 0∙15 grams per 100 millilitres of blood or in the breath of the person was less than 0∙15 grams per 210 litres of exhaled air; or

(B) a first corresponding interstate drink‑driving offence that was declared, under section 25 of the Act, to correspond with section 49(1)(b) of the Act, committed in circumstances where the concentration of alcohol present in the blood of the person was less than 0∙15 grams per 100 millilitres of blood or in the breath of the person was less than 0∙15 grams per 210 litres of exhaled air; and

(d) the person was required to complete a first-stage behaviour change program with respect to the offence referred to in paragraph (a).

(2) In determining whether an offence is a second or subsequent offence for the purposes of this regulation—

(a) section 48(2), (5) and (6) of the Act apply; and

(b) an offence in respect of which a conviction was recorded or a finding of guilt was made 10 years or more before the commission of the offence referred to in subregulation (1)(a) is to be disregarded if not to do so would make the relevant offence a second or subsequent offence for the purpose of this regulation.

Reg. 37(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 23).

(3) If a person is concurrently subject to 2 or more alcohol interlock conditions, the Secretary may only require the person to complete one second-stage behaviour change program before the person may apply for the removal of those alcohol interlock conditions imposed on the person's driver licence or learner permit.