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Road Transport Act 2013
211Mandatory interlock orders
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#### 211 Mandatory interlock orders
211 Mandatory interlock orders
> > (1) A mandatory interlock order is an order that—
> >
> > > (a) disqualifies a person convicted of a mandatory interlock offence from holding any driver licence for a period, being—
> > >
> > > > (i) the minimum disqualification period for that kind of mandatory interlock offence, or
> > >
> > > > (ii) a longer period (not exceeding the maximum disqualification period for that kind of offence) specified by the court, and
> >
> > > (b) disqualifies the person from holding a driver licence (other than a learner licence or interlock driver licence) during the period of 5 years commencing on the day of the conviction unless the person has first held an interlock driver licence—
> > >
> > > > (i) for a period (or periods in total) equivalent to the minimum interlock period, or
> > >
> > > > (ii) for a longer period specified by the court.
>
> > (2) In this section—
> >
> > maximum disqualification period for a mandatory interlock offence of a kind described in Column 1 of the Table to this section means the maximum disqualification period set out opposite the offence in Column 3 of that Table.
> >
> > minimum disqualification period for a mandatory interlock offence of a kind described in Column 1 of the Table to this section means the minimum disqualification period set out opposite the offence in Column 2 of that Table.
> >
> > minimum interlock period for a mandatory interlock offence of a kind described in Column 1 of the Table to this section means the minimum interlock period set out opposite the offence in Column 4 of that Table.
>
> > (3) Any disqualification under this section is in addition to any penalty imposed for the offence.
>
> > (4) A mandatory interlock order made in respect of a person ceases to have effect if, before the person completes the applicable interlock period, another mandatory interlock order is made in respect of the person.
>
> Table
>
> | Column 1 | Column 2 | Column 3 | Column 4 |
> | Mandatory interlock offence | Minimum disqualification period | Maximum disqualification period | Minimum interlock period |
> | An offence against section 110(1)(a) or (b), (2)(a), (b) or (c) or (3)(a), (b) or (c) that is a second or subsequent offence by the offender for any other alcohol-related major offence | 1 month | 3 months | 12 months |
> | An offence against section 110(4)(a), (b) or (c) that is a first offence by the offender for any other alcohol-related major offence | 3 months | 6 months | 12 months |
> | An offence against section 110(4)(a), (b) or (c) that is a second or subsequent offence by the offender for any other alcohol-related major offence | 6 months | 9 months | 24 months |
> | An offence against section 110(5)(a), (b) or (c) that is a first offence by the offender for any alcohol-related major offence | 6 months | 9 months | 24 months |
> | An offence against section 110(5)(a), (b) or (c) that is a second or subsequent offence by the offender for any other alcohol-related major offence | 9 months | 12 months | 48 months |
> | An offence against section 111A(1) that is a first offence by the offender for any other alcohol-related major offence | 6 months | 9 months | 24 months |
> | An offence against section 111A(1) that is a second or subsequent offence by the offender for any other alcohol-related major offence | 9 months | 12 months | 48 months |
> | An offence against section 111A(2) that is a first offence by the offender for any other alcohol-related major offence | 3 months | 6 months | 12 months |
> | An offence against section 111A(2) that is a second or subsequent offence by the offender for any other alcohol-related major offence | 6 months | 9 months | 24 months |
> | An offence against section 111A(3) | 1 month | 3 months | 12 months |
> | An offence against section 112(1)(a), (b) or (c) that is a first offence by the offender for any other alcohol-related major offence | 6 months | 9 months | 24 months |
> | An offence against section 112(1)(a), (b) or (c) that is a second or subsequent offence by the offender for any other alcohol-related major offence | 9 months | 12 months | 48 months |
> | An offence against clause 16(1)(b) or 17(1)(a1) of Schedule 3 that is a first offence by the offender for any alcohol-related major offence | 6 months | 9 months | 24 months |
> | An offence against clause 16(1)(b) or 17(1)(a1) of Schedule 3 that is a second or subsequent offence by the offender for any other alcohol-related major offence | 9 months | 12 months | 48 months |
>
> **s 211:** Subst 2014 No 42, Sch 1 \[29\]. Am 2015 No 58, Sch 1.11 \[1\]; 2018 No 54, Sch 1 \[12\] \[13\]; 2021 No 3, Sch 1\[16\].