29

29 Issue of interlock licences

(1)  Despite regulation 28, the Registrar must issue a driver licence as an interlock licence if the Registrar is to issue the driver licence to a person who –

(a) applied for the driver licence to replace an Australian driver licence that was cancelled as a consequence of the person being convicted of an offence specified in subregulation (2) , unless the person –

(i) was the holder of a learner licence at the time the offence was committed; and

(ii) at the time the offence was committed, did not also hold a driver licence of a type other than a learner licence; or

(b) has a court order authorising the issue of a restricted driver licence to the person after his or her Australian driver licence was suspended or cancelled as a consequence of being convicted of a subsequent offence within the meaning of section 17 of the Road Safety (Alcohol and Drugs) Act 1970 ; or

(c) applied for the driver licence to replace an Australian driver licence that expired or was cancelled for any reason if the latter driver licence was an interlock licence and the I condition on the interlock licence had not been revoked by the Registrar under regulation 71 before the interlock licence expired or was cancelled.

(2)  Subregulation (1) applies to the following offences:

(a) an offence under the Road Safety (Alcohol and Drugs) Act 1970 that involves a blood alcohol concentration of 0.15 or greater;

(b) a subsequent offence, within the meaning of section 17 of the Road Safety (Alcohol and Drugs) Act 1970 , if the previous offence and the subsequent offence both occur within a 5-year period;

(c) an offence in respect of a failure to comply with a direction made under section 10(4) of the Road Safety (Alcohol and Drugs) Act 1970 ;

(d) an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 for driving under the influence of intoxicating liquor;

(e) an offence in another jurisdiction that substantially corresponds to an offence referred to in this subregulation.

(3)  Nothing in this regulation affects the Registrar's discretion to impose any condition, including an I condition, on any driver licence in any other circumstance.