9ANotice of disqualification

9A Notice of disqualification

For the purposes of section 85ZK(1)(b) of the Act, the prescribed particulars are the following—

(a) the name and address of the person to whom the notice is issued;

(b) a statement of the alleged offence;

(c) in the case of an alleged offence under section 49(1)(b), (bc), (f), (g) or (j) of the Act, the alleged concentration of alcohol present in the blood or breath (as the case requires) of the person;

(d) in the case of an alleged offence that is a relevant speeding offence within the meaning of section 85ZE(3) of the Act—

(i) the alleged speed at which the motor vehicle was driven; and

(ii) the applicable speed limit;

(e) in the case of an alleged offence that is a relevant offence within the meaning of section 85ZH(4) of the Act—

Reg. 9A(e)(i) amended by S.R. No. 106/2022 reg. 7(1).

Reg. 9A
(e)(ii)(A) substituted by S.R. No. 106/2022 reg. 7(2).

(A) the commission of the relevant offence by the person to whom the notice is issued resulted in injury or death; and

(B) the person to whom the notice is issued is an unacceptable risk to road safety until the charge for the alleged offence is determined;

Reg. 9A(ea) inserted by S.R. No. 106/2022 reg. 7(3).

(ea) in the case of an alleged offence under section 61(1)(a) or (b) of the Act—

(A) another person has died or suffered serious injury from the accident that occurred; and

(B) the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;

Reg. 9A(eb) inserted by S.R. No. 106/2022 reg. 7(3).

(eb) in the case of an alleged offence under section 317AC, 317AD, 317AE, 317AF or 319AA(1) of the Crimes Act 1958—

(ii) a statement indicating that the senior police officer is reasonably satisfied that the person to whom the notice is issued is an unacceptable risk to road safety until the charge is determined;

(f) whether the person to whom the notice is issued holds a non-Victorian licence or permit;

(g) a statement advising that the person to whom the notice is issued may appeal to the Magistrates' Court under section 85ZQ of the Act against the decision to disqualify the person from obtaining a driver licence or learner permit;

(h) the name and signature of the person who issued the notice;

(i) the date the notice was issued to the person.

Reg. 9B inserted by S.R. No. 8/2023 reg. 8.