150Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013

150 Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013 ***alcohol interlock condition*** means a condition imposed on a driver licence or learner permit in accordance with a direction under section 89A(2), 89A(3)(b) or 89A(4) as in force immediately before 30 September 2013; ***alcohol interlock condition direction*** has the same meaning as in the amended Act; ***alcohol interlock condition removal order*** has the same meaning as in the amended Act; ***amended Act*** means the **Road Safety Act 1986** as amended by the **Road Safety and Sentencing Acts Amendment Act 2013**; ***licence eligibility order*** has the same meaning as in the amended Act. (2) This Act as in force immediately before 30 September 2013 continues to apply with respect to applications made before that date— (a) under section 89(2) for an order as to the issue of a driver licence or learner permit; or (b) under section 89B(3) for an order to remove an alcohol interlock condition. (3) A person who— (a) has been disqualified under section 89 before 30 September 2013; and (b) under this Act as in force immediately before that date may only be granted a driver licence or learner permit on an order made by the Magistrates' Court on an application under section 89(2); and (c) wishes to apply for such an order on or after that date— may only do so by applying for a licence eligibility order in accordance with the amended Act. (4) Despite anything to the contrary in the amended Act, on an application for a licence eligibility order made by a person covered by subsection (3) the Magistrates' Court— (a) is not required to give an alcohol interlock condition direction if it would not have been required to give a direction before 30 September 2013 under section 89A as in force immediately before that date; and (b) does not have power to give such a direction if it would not have had power to give it before that date under that section 89A; and (c) may not specify in such a direction under section 50AAA of the amended Act a period longer than it could have specified before that date under that section 89A— had the application been made under section 89(2) of this Act before that date. (5) A person who— (a) has had an alcohol interlock condition imposed on his or her driver licence or learner permit in accordance with a direction under section 89A before 30 September 2013; and (b) under this Act as in force immediately before that date can only have that condition removed by the Corporation on an order made by the Magistrates' Court on an application under section 89B(3); and (c) wishes to apply for such an order on or after that date— may only do so by applying for an alcohol interlock condition removal order in accordance with the amended Act. (6) For the purposes of an application covered by subsection (5) the reference in section 50AAB(5)(b)(iii) of the amended Act to a licence eligibility report includes a reference to a licence restoration report as defined by section 3(1) of this Act immediately before 30 September 2013 if such a report was obtained before that date. (7) Section 89C, as in force immediately before 30 September 2013, continues to apply with respect to appeals made to the County Court in respect of a direction given under section 89A(2), 89A(3)(b) or 89A(4) before that date, irrespective of whether the appeal is made before, on or after that date. (8) Sections 89 and 89A, as substituted by section 32 of the **Road Safety and Sentencing Acts Amendment Act 2013**, apply only in respect of an offence that is alleged to have been committed on or after 30 September 2013. (9) For the purposes of subsection (8), if an offence is alleged to have been committed between two dates, one before and one on or after 30 September 2013, the offence is alleged to have been committed before that date. 30 September 2013 is the date on which the **Road Safety and Sentencing Acts Amendment Act 2013** (other than Part 1, sections 19(1), 20, 21, 22, 33 and 38 and Divisions 3, 5 and 6 of Part 4) came into operation. S. 151 inserted by No. 15/2014 s. 8.