73Z When interlock condition ends
(1) The interlock condition of a person’s probationary licence ends when
the interlock period applying to the person ends.
(2) If a person’s probationary licence period ends before the person’s
interlock period ends, the person––
(a) is not eligible for a driver licence other than a probationary
(b) may apply to the road transport authority to renew the person’s
probationary licence.
(3) The road transport authority must issue any subsequent probationary
licence with an interlock condition imposed for the remainder of the
interlock period.
73ZA Producing interlock data record
(1) During an interlock driver’s interlock period, the road transport
authority may, by written notice, require the driver to give the
authority, not later than 7 days after the day the notice is given, the
driver’s interlock data record for the period stated in the notice.
(2) A person must not fail to comply with a notice given to the person
under subsection (1).
73ZB Destruction of interlock data record prohibited
(1) A person commits an offence if the person destroys an interlock data
record before the end of the interlock period for the person to whom
the record relates.
73ZC Interlock data record destroyed, lost or stolen
(1) This section applies if an interlock driver becomes aware, or
reasonably suspects, that the driver’s interlock data record has been
destroyed, lost or stolen during the driver’s interlock period.
(2) The driver must tell the road transport authority as soon as
practicable, but not later than 7 days after the day the driver becomes
aware, or reasonably suspects, that the interlock data record has been
destroyed, lost or stolen.
73ZD Offences relating to use of another person’s means of
identification
(1) A person commits an offence if––
(a) the person drives a motor vehicle with a fitted interlock; and
(b) the vehicle is also driven by another person; and
(c) the person––
(i) uses the other person’s means of identification to operate
the vehicle; or
(ii) allows the other person to use the person’s means of
identification to operate the vehicle.
Examples––means of identification
a PIN, password or swipe card
73ZE Exemption from interlock condition––application
(1) This section applies to a person to whom section 73T (4) (Mandatory
interlock condition) applies.
Note Section 73T (4) applies to a person who chooses to complete the
disqualification period, rather than apply for a probationary
licence after completing half the disqualification period under s 73T (2).
Section 73T (4) provides that any probationary licence issued to the
person after the disqualification period must, unless the person has an
interlock exemption, be issued with an interlock condition.
(2) The person may apply to the road transport authority for an exemption
from the mandatory imposition of an interlock condition on the
person’s probationary licence (an interlock exemption) because of
special circumstances.
Example––special circumstances
a medical condition that prevents the applicant from providing a sufficient breath
sample to operate an interlock
(3) The road transport authority may, in writing, require the applicant to
Interlock exemptions Division 3A.3
(4) If the applicant does not comply with a requirement under
subsection (3), the road transport authority may refuse to consider the
73ZF Exemption from interlock condition––decision on
(1) On application by a person for an interlock exemption under section
73ZE, the road transport authority must—
(2) If the road transport authority grants the exemption, the authority may
impose conditions applying to the exemption.
(3) The road transport authority may grant the exemption only if satisfied
on reasonable grounds that special circumstances exist for granting
the exemption.
(4) The road transport authority is taken to have refused to grant the
section 73ZE (3).
73ZG Exemption certificate
(1) This section applies if the road transport authority grants an interlock
exemption under section 73ZF.
(2) The authority must, by written notice, inform the applicant of––
(a) the special circumstances the authority was satisfied of under
section 73ZF (3); and
(b) the matters about which the person must notify the authority,
under section 73ZK, of any change.
(3) The authority must also give the applicant a certificate about the
exemption (an exemption certificate).
(4) The exemption certificate must state––
(a) the expiry date of the exemption; and
(b) any conditions applying to the exemption.
73ZH When interlock exemption ends
(1) A person’s interlock exemption ends on the earliest of the following:
(a) the expiry date stated on the exemption certificate;
(b) 14 days after the day the person gives the road transport
authority a notice under section 73ZK (Person with interlock
exemption must give notice of change of circumstances);
(c) when the probationary licence period ends.
Note A probationary licence is generally issued for 1 year (see s 53).
(2) If a person’s interlock exemption ends under subsection (1) (a) or (b),
the road transport authority may impose an interlock condition on the
probationary licence.
(3) In deciding whether to impose an interlock condition under
subsection (2), the road transport authority—
(a) must consider—
(i) whether the person is complying with any order under
section 73U (4) (Court-ordered therapeutic program); and
(ii) for a person whose interlock exemption ended under
subsection (1) (b)––the extent to which the person’s
circumstances have changed based on the information
provided by the person in the notice under section 73ZK;
and
(iii) the period of time remaining on the person’s probationary
(b) may consider any other relevant matter.
Interlock exemptions Division 3A.3
73ZI Production of exemption certificate to police officer or
authorised person
(1) This section applies to a person who has an interlock exemption.
(2) The person must, if required by a police officer or authorised person,
produce for inspection the person’s exemption certificate, at a place
directed by the police officer or authorised person, not more than
3 days after the request is made.
73ZJ Failing to comply with condition of interlock exemption
(1) A person who has an interlock exemption commits an offence if––
(a) the person’s interlock exemption is subject to a condition under
section 73ZF (2); and
(b) the person fails to comply with the condition.
73ZK Person with interlock exemption must give notice of
change of circumstances
(1) This section applies to a person who has an interlock exemption and
a relevant change of circumstances happens.
(2) The person must give written notice of the change to the road
transport authority as soon as practicable, but not later than 7 days
after the day the circumstances change.
relevant change of circumstances means a change in any of the
matters stated, as required under section 73ZG (2) (b) (Exemption
certificate), in a written notice given to the person.
73ZL Alcohol ignition interlock devices––approval
(1) The road transport authority may approve a device (an alcohol
ignition interlock device) that prevents a motor vehicle from being
started, or continuing to be driven, unless the device is provided with
a sample of a person’s breath containing no alcohol.
(2) The road transport authority must not approve an alcohol ignition
interlock device unless the device complies with AS 3547-1997
(Breath Alcohol Testing Devices for Personal Use), as in force from
time to time.
(3) The Legislation Act, section 47 (6) does not apply to AS 3547-1997.
Note AS 3547-1997 does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The
standard may be purchased at www.standards.org.au.
(4) An approval is a notifiable instrument
Division 3A.5 Interlock installers and service
providers
73ZM Application for approval as interlock installer or interlock
service provider
(1) A person may apply to the road transport authority for approval as
either or both of the following:
(a) a person who may provide, install and remove an interlock in a
nominated vehicle (an approved interlock installer);
(b) a person who may carry out maintenance to ensure the proper
operation of an interlock or conduct inspections of an interlock
(an approved interlock service provider).
73ZN Issue of approval
(1) If a person applies for approval under section 73ZM the road transport
authority must—
(a) issue the approval; or
(b) refuse to issue the approval.
(2) The road transport authority must not issue the approval unless the
applicant is eligible for approval under section 73ZO.
Note An approval may be subject to conditions imposed by the road transport
authority (see s 73ZQ).
(3) However, the authority may refuse to issue the approval only if—
(a) the authority has given the applicant written notice of the
proposed refusal; and
(i) the reasons for the proposed refusal; and
(ii) that written comments on the proposed refusal may be
applicant; and
applicant before the end of the stated period.
(4) The road transport authority is taken to have refused to issue the
approval if the applicant does not comply with a requirement under
section 73ZM (2).
73ZO Eligibility for approval
(1) A person is eligible to be an approved interlock installer or an
approved interlock service provider if the road transport authority is
satisfied on reasonable grounds that the person––
(a) is at least 18 years old; and
(b) is a suitable person to hold an approval having regard to the
matters mentioned in section 73ZP; and
(c) for an approved interlock installer––
(i) is suitably qualified and has the abilities, skills, knowledge
and experience to perform the functions of an approved
interlock installer; and
(ii) has access to equipment and facilities necessary to enable
the person to provide, install and remove interlocks in
motor vehicles; and
(d) for an approved interlock service provider––
(i) is suitably qualified and has the abilities, skills, knowledge
and experience to perform the functions of an approved
interlock service provider; and
(ii) has access to equipment and facilities necessary to enable
the person to carry out maintenance to ensure the proper
operation of interlocks in motor vehicles and to inspect
interlocks.
(2) A person is not eligible to be an approved interlock installer or an
approved interlock service provider if the road transport authority is
satisfied on reasonable grounds that the person––
(a) is unable to perform the functions of an approved interlock
installer or an approved interlock service provider because of
illness or mental or physical incapacity; or
(b) has at any time had an approval as an approved interlock
installer or an approved interlock service provider revoked; or
(c) has failed to properly perform the functions of an approved
interlock installer or an approved interlock service provider.
73ZP Suitable person
(1) In deciding whether an applicant is a suitable person to be an
approved interlock installer or approved interlock service provider,
the road transport authority must have regard to the following
matters:
(a) whether the person has been convicted or found guilty of a
relevant offence within 5 years before the person applies for the
approval;
(b) whether the person is, or at any time in the last 5 years has been,
bankrupt or personally insolvent;
Note Bankrupt or personally insolvent––see the Legislation Act,
dictionary, pt 1.
(c) whether the person has at any time had a driver licence with an
interlock condition suspended or cancelled.
corresponding jurisdiction means the Commonwealth, a State or
New Zealand.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1).
relevant offence, means any of the following offences:
(a) an offence involving dishonesty;
(b) a relevant offence under the Road Transport (Alcohol and
Drugs) Act 1977, section 4F;
(c) an offence in a corresponding jurisdiction that would have been
an offence under paragraph (a) or (b) if committed in the ACT.
73ZQ Approval conditions
(1) The road transport authority may issue an approval under
section 73ZN, or a renewal under section 73ZT, with conditions.
(2) The road transport authority may impose additional conditions or
vary or revoke a condition after the approval is issued.
(3) Conditions may include but are not limited to the following:
(a) conditions relating to the provision, installation, removal,
inspection or carrying out of maintenance on interlocks;
(b) conditions relating to the interlock data record and the provision
of the data to the road transport authority, people nominated by
the authority and interlock drivers.
(4) However, the authority may impose an additional condition, or vary
or revoke a condition under subsection (2), only if—
proposed additional condition, variation or revocation of a
condition; and
(i) the reasons for the proposed additional condition, variation
or revocation of a condition; and
(ii) that written comments on the proposed additional
condition, variation or revocation of a condition may be
73ZR Term of approval
(1) An approval issued under section 73ZN––
(a) is issued for a period of not more than 3 years; and
(b) starts on the day the approval is issued or, if a start date is stated
in the approval, on the date stated.
(2) An approval may be renewed under section 73ZT.
73ZS Form of approval
An approval issued under section 73ZN must include the following:
(a) the name and business address of the approved interlock
installer or approved interlock service provider;
(b) the date of issue of the approval;
(c) the start date of the approval (if it is not the date of issue);
(d) the end date of the approval;
(e) any condition imposed on the approval under section 73ZQ;
(f) an identifying number for the approval.
73ZT Renewal of approval
(1) An approved interlock installer or an approved interlock service
provider may apply, in writing, to the road transport authority to
renew an approval before the approval term ends.
(2) If a person applies to renew an approval under this section, the
approval remains in force until the application is decided.
(3) The road transport authority may, in writing, require the applicant to
Note Giving false or misleading information and producing false or misleading
(4) If the applicant does not comply with a requirement under
subsection (3), the road transport authority may refuse to consider the
73ZU Issue of renewed approval
(1) If an approved interlock installer or an approved interlock service
provider applies under section 73ZT to renew an approval, the road
transport authority must—
(a) renew the approval; or
(b) refuse to renew the approval.
(2) The authority must not renew the approval unless satisfied that the
applicant––
(a) is eligible for approval under section 73ZO; and
(b) is complying with any condition of the approval.
(3) However, the authority may refuse to renew the approval only if—
proposed refusal; and
(i) the reasons for the proposed refusal; and
(ii) that written comments on the proposed refusal may be
(4) A renewed approval is effective from the end date of the approval
held immediately before renewal.
73ZV Revocation of approval
(1) The road transport authority may revoke the approval of an approved
interlock installer or an approved interlock service provider if the
approval holder—
(a) fails to comply with a condition of the approval; or
(b) is no longer eligible for approval under section 73ZO; or
(c) contravenes a provision of this part.
(2) However, the road transport authority may revoke the approval only
if—
proposed revocation; and
(i) the reasons for the proposed revocation; and
(ii) that written comments on the proposed revocation may be
73ZX Installation or removal of interlock without approval
(1) A person commits an offence if the person––
(a) installs an interlock in, or removes an interlock from, a
nominated vehicle; and
(b) is not an approved interlock installer.
73ZY Maintenance or inspection of interlock without approval
(1) A person commits an offence if the person––
(a) carries out maintenance on, or conducts an inspection of, a fitted
interlock; and
(b) is not an approved interlock service provider.
73ZZA Tampering or otherwise interfering with fitted interlocks
(1) A person commits an offence if the person tampers or otherwise
interferes with a fitted interlock.
Example––tampering
removing or interfering with a tamper-evident seal on the fitted interlock
Other matters Division 3A.6
73ZZB Suspected tampering or otherwise interfering with fitted
interlocks
(1) An approved interlock installer or approved interlock service
provider commits an offence if the person––
(a) becomes aware that a fitted interlock has been tampered or
otherwise interfered with; and
(b) fails to give the road transport authority written notice of the
tampering or interference not later than 7 days after the day the
person becomes aware of it.
73ZZC Agreements relating to interlocks
(1) The road transport authority may enter into an agreement with a
person (not inconsistent with the Act or this regulation) about the
supply, or provision of services relating to the installation, removal,
maintenance and inspection of interlocks under this regulation.
(2) An agreement may make provision about the following matters:
(a) pricing arrangements for the supply, installation, maintenance
and inspection of interlocks;
(b) setting and maintaining service standards under the agreement;
(c) compliance with standards;
(d) the provision, sharing and protection of data recorded on
interlocks;
(e) the records (including accounts) to be made and kept, how they
are to be made and kept, and their inspection;
(f) evaluation and reporting requirements in relation to interlocks.
(3) Subsection (2) does not limit the matters about which an agreement
may make provision.
73ZZD Security and disclosure of interlock-related information
(1) The road transport authority must ensure that interlock-related
information is kept securely and disclosed only in accordance with
this regulation or another law in force in the ACT.
Note The Territory privacy principles apply to the road transport authority (see
Information Privacy Act 2014, sch 1).
(2) In exercising its functions under this part, the road transport authority
may disclose interlock-related information to the following people:
(a) an approved interlock installer or an approved interlock service
provider;
(b) a person who has entered into an agreement with the authority
under section 73ZZC;
(c) a person who provides any services to a person mentioned in
paragraph (a) or (b) in connection with interlocks;
(d) a police officer or prosecutor in connection with the
enforcement of the road transport legislation.
interlock-related information means interlock data records,
photographic images from an interlock and information entered in the
driver licence register in relation to interlocks.