South Australian Numbered Acts South Australian Numbered Acts24—Insertion of sections 81E to 81H
After section 81D insert:
81E—Circumstances in which licence will be subject to mandatory alcohol
interlock scheme conditions
(1) In this
section—
"disqualification" means disqualification from holding or obtaining a licence
or learner's permit;
"serious drink driving offence" means any drink driving offence other
than—
(a) a
category 1 offence; or
(b) a
category 2 offence that is a first offence.
(2) In determining
whether a category 2 offence is a first offence for the purposes of this
section, any previous drink driving offence (other than a category 1 offence)
for which the defendant has been convicted will be taken into account, but
only if the previous offence was committed within the period of 5 years
immediately preceding the date on which the offence under consideration was
committed.
(3) Subject to
subsection (4), if a person who applies for a licence—
(a) has
been disqualified from holding or obtaining a licence by order of a court on
conviction for a serious drink driving offence committed on or after the
commencement of this section; and
(b) the
person has not held a licence since the end of the period of disqualification,
a licence issued to the person will be subject to the mandatory alcohol
interlock scheme conditions (in addition to any conditions otherwise required)
until—
(c) the
conditions have been effective for the following period (the
"prescribed minimum period"):
(i)
in the case of a person who has been given a notice of
immediate licence disqualification or suspension under section 47IAA of the
Road Traffic Act 1961 in respect of the offence—
(A) a period equal to the aggregate of the
period of licence disqualification or suspension that has applied as a result
of the notice and the period of disqualification for the offence ordered by
the court; or
(B) a period of 3 years,
whichever is the lesser;
(ii)
in any other case—
(A) a period equal to the period of
disqualification for the offence ordered by the court; or
(B) a period of 3 years,
whichever is the lesser; and
(d) the
person qualifies for the issue of a licence that is not subject to the
mandatory alcohol interlock scheme conditions in accordance with
subsection (5).
(4) If the applicant
satisfies the Registrar, on such evidence as the Registrar may require, that
prescribed circumstances exist in the particular case, a licence issued to the
applicant will not be subject to the mandatory alcohol interlock scheme
conditions.
(5) The holder of a
licence subject to the mandatory alcohol interlock scheme conditions qualifies
for the issue of a licence not subject to such conditions if—
(a) the
conditions have been effective for the prescribed minimum period; and
(b) the
Registrar is satisfied that, during the immediately preceding period of 3
months, the alcohol interlock fitted to the nominated vehicle for the person
has not recorded any incidents of a kind specified in a notice by the Minister
in the Gazette.
(6) For the purposes
of this section, in determining whether the mandatory alcohol interlock
conditions of a person's licence have been effective for the
prescribed minimum period, the following periods are not to be taken into
account:
(a) any
period during which an alcohol interlock was not fitted to the nominated
vehicle for the person;
(b) any
period during which there was no nominated vehicle for the person.
81F—Mandatory alcohol interlock scheme conditions
(1) The mandatory
alcohol interlock scheme conditions to which a licence is subject are as
follows:
(a) a
condition that the holder of the licence must not drive a motor vehicle on a
road other than a motor vehicle that the person has nominated to the Registrar
in accordance with this section;
(b) a
condition that the holder of the licence must not drive the nominated vehicle
on a road unless it is fitted with a properly functioning alcohol interlock
that has been installed by an approved alcohol interlock provider;
(c) a
condition that the nominated vehicle must only be operated in accordance with
instructions published by the Minister by notice in the Gazette;
(d) a
condition that the holder of the licence must not interfere with the alcohol
interlock, or cause or permit the alcohol interlock to be interfered with;
(e) a
condition that the holder of the licence must, when driving the nominated
vehicle on a road, carry in the vehicle a certificate, in a form approved by
the Minister, issued by an approved alcohol interlock provider certifying that
the alcohol interlock fitted to the vehicle was properly functioning when the
vehicle was last examined by the provider;
(f) a
condition that the holder of the licence must, if required to do so by a
police officer or an authorised officer when the nominated vehicle is in the
person's charge on a road, produce the certificate for inspection by the
officer;
(g) a
condition that the holder of the licence must produce the nominated vehicle
for examination by an approved alcohol interlock provider at times and places
from time to time fixed by the Registrar by written notice served on the
person personally or by post;
(h) a
condition that the holder of the licence must comply with any requirements
prescribed by the regulations.
(2) A motor vehicle
must be nominated by the person in the person's application for the licence,
or by written notice to the Registrar, by specifying the vehicle's
registration number and any other details required by the Registrar.
(3) Nomination of a
motor vehicle by the person is of no effect if the vehicle is a nominated
vehicle for any other person.
(4) A motor vehicle
ceases to be a nominated vehicle for the person if the nomination is withdrawn
by the person or, if the person is not the registered owner of the vehicle, by
the registered owner, by written notice to the Registrar.
(5) In this
section—
"authorised officer" does not include—
(a) an
authorised person as defined in the Local Government Act 1999 ; or
(b) any
other person who is not an employee in the public service.
81G—Cessation of licence subject to mandatory alcohol interlock scheme
conditions
If a person voluntarily surrenders a licence subject to the mandatory alcohol
interlock scheme conditions or ceases to hold such a licence for any other
reason before the person qualifies for the issue of a licence not subject to
such conditions in accordance with section 81E, a licence subsequently
issued to the person will be subject to the conditions until—
(a) the
aggregate of the periods for which the conditions have applied in relation to
the person equals the prescribed minimum period specified in section 81E;
and
(b) the
person qualifies for the issue of a licence not subject to the conditions in
accordance with that section.
81H—Contravention of mandatory alcohol interlock scheme conditions
(1) The holder of a
licence subject to the mandatory alcohol interlock scheme conditions must not
contravene any of the conditions.
Maximum penalty: $2 500.
(2) A person must not
assist the holder of a licence subject to the mandatory alcohol interlock
scheme conditions to operate a motor vehicle, or interfere with an alcohol
interlock, in contravention of any of the conditions.
Maximum penalty: $2 500.
(3) In proceedings for
an offence against this section, an apparently genuine document purporting to
be a certificate signed by the Registrar certifying that—
(a) a
specified motor vehicle was or was not, or no vehicle was, at a specified
time, a nominated vehicle for a specified person; or
(b) a
written notice was served on a specified person fixing specified times and
places at which a specified motor vehicle must be produced for examination by
an approved alcohol interlock provider,
will be accepted as proof of the matters stated in the certificate in the
absence of proof to the contrary.
(4) In proceedings for
an offence against this section, an apparently genuine document purporting to
be a certificate signed by the Registrar certifying that an alcohol interlock
fitted to a specified motor vehicle recorded electronically that the vehicle
was operated at a specified time in contravention of an instruction published
by the Minister by notice in the Gazette will be accepted as proof that the
vehicle was operated at that time in contravention of that instruction in the
absence of proof to the contrary.
(5) Subsection (4)
does not apply unless it is proved that the alcohol interlock fitted to the
motor vehicle was tested by an approved alcohol interlock provider (or an
employee of an approved alcohol interlock provider) not more than the
prescribed number of days before and not more than the prescribed number of
days after the time of the vehicle's operation specified in the certificate
and found on each occasion to be properly functioning.
(6) In proceedings for
an offence against this section, an apparently genuine document purporting to
be a certificate signed by an approved alcohol interlock provider (or an
employee of an approved alcohol interlock provider) certifying that—
(a) an
alcohol interlock was, on a specified date, installed in a specified motor
vehicle; or
(b) an
alcohol interlock fitted to a specified motor vehicle was tested by that
person on a specified day and found to be properly functioning; or
(c) an
alcohol interlock was, on a specified date, removed from a specified motor
vehicle,
will be accepted as proof of the matters stated in the certificate in the
absence of proof to the contrary.
(7) In proceedings for
an offence against this section, if it is proved that—
(a) a
specified motor vehicle was operated at a specified time in contravention of
an instruction published by the Minister by notice in the Gazette; and
(b) the
vehicle was a nominated vehicle for a specified person at that time,
it will be presumed, in the absence of proof to the contrary, that the vehicle
was so operated by that person at that time.
(8) In proceedings for
an offence against this section, an apparently genuine document purporting to
be a certificate signed by the Registrar certifying that a specified motor
vehicle was not produced for examination by an approved alcohol interlock
provider at a specified time and place will be accepted as proof of the
matters stated in the certificate in the absence of proof to the contrary.