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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Transport Operations (Road
Use Management--Interlocks)
Amendment Bill 2009
Queensland
Transport Operations (Road Use
Management--Interlocks) Amendment Bill
2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 86 (Disqualification of drivers of motor vehicles
for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 87 (Issue of restricted licence to disqualified
person) .......................................... 5
6 Insertion of new ch 5, pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 3B Alcohol interlocks
Division 1 Preliminary
91I Definitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2 Court order for alcohol interlock
91J Court order about disqualification may include
alcohol interlock condition . . . . . . . . . . . . . . . . . . . . . 7
91K Court order about disqualification must include
alcohol interlock condition . . . . . . . . . . . . . . . . . . . . . 9
91L Duration of alcohol interlock condition . . . . . . . . . . . . 9
Division 3 Drink-driving education and rehabilitation
91M Alcohol intervention consultation . . . . . . . . . . . . . . . . 10
91N Drink-driving rehabilitation course . . . . . . . . . . . . . . . 10
Division 4 Offences and immobilisation orders
91O Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
91P Immobilisation orders . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 5 Arranging for the supply or removal of
prescribed alcohol interlock
91Q Prescribed supplier to fit prescribed alcohol interlock 14
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
Contents
91R Application at end of minimum period stated in
alcohol interlock condition . . . . . . . . . . . . . . . . . . . . . 15
7 Amendment of s 131 (Reviews and appeals with respect to
issue of licences etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 17
Page 2
2009
A Bill
for
An Act to amend the Transport Operations (Road Use
Management) Act 1995
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Transport Operations (Road Use 3
Management--Interlocks) Amendment Act 2009. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Transport Operations (Road Use 8
Management) Act 1995. 9
Clause 4 Amendment of s 86 (Disqualification of drivers of motor 10
vehicles for certain offences) 11
Section 86-- 12
insert-- 13
`(1H) If a person is convicted of a drink-driving offence committed 14
after the commencement of this section (the current 15
conviction) and the court before whom the person is convicted 16
is satisfied that, at the material time, the person was over the 17
high alcohol limit and the person, within the period of 5 years 18
before the current conviction, has been previously convicted 19
more than once of a drink-driving offence involving a finding 20
that, at the material time, the person was over the high alcohol 21
limit, the person is disqualified absolutely by the current 22
conviction and without any specific order from the date of the 23
current conviction from holding or obtaining a Queensland 24
driver licence.'. 25
Page 4
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 5]
Clause 5 Amendment of s 87 (Issue of restricted licence to 1
disqualified person) 2
(1) Section 87(4), before `restrictions'-- 3
insert-- 4
`conditions or'. 5
(2) Section 87(4)(b)-- 6
renumber as section 87(4)(c). 7
(3) Section 87(4)-- 8
insert-- 9
`(b) which may include a condition that the applicant drive 10
only a motor vehicle supplied with a prescribed alcohol 11
interlock while the restricted licence is in force; and'. 12
(4) After section 87(4)-- 13
insert-- 14
`(4AA) For chapter 5, part 3B, divisions 3 to 5, a condition imposed 15
under subsection (4)(b) is taken to be an alcohol interlock 16
condition imposed under section 91J.'. 17
(5) Section 87(7), `restrictions imposed'-- 18
omit, insert-- 19
`conditions or restrictions imposed'. 20
(6) Section 87(8)(b) and (10), before `restrictions'-- 21
insert-- 22
`conditions or'. 23
Clause 6 Insertion of new ch 5, pt 3B 24
Before part 4-- 25
insert-- 26
Page 5
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
`Part 3B Alcohol interlocks 1
`Division 1 Preliminary 2
`91I Definitions for pt 3B 3
`In this part-- 4
alcohol interlock, in relation to a motor vehicle, means a 5
device, wired to the ignition system of the vehicle, that is 6
capable of-- 7
(a) analysing a specimen of breath for the presence of 8
alcohol; and 9
(b) if a particular concentration of alcohol is detected by the 10
device, preventing the vehicle from being started. 11
alcohol interlock condition means a condition imposed in 12
relation to a person by a court under section 91J or 91K. 13
Note-- 14
See also section 87(4AA). 15
alcohol interlock driver means a person in relation to whom 16
an alcohol interlock condition is imposed. 17
drink-driving offence means-- 18
(a) an offence against section 79(1) while under the 19
influence of liquor; or 20
(b) an offence against section 79(2), (2A), (2B) or (2J); or 21
(c) an offence against section 80(11) for failing to provide a 22
specimen of breath for analysis or a specimen of blood 23
for a laboratory test; or 24
(d) an offence against the Criminal Code, section 328A(1) 25
or (4), when accompanied by the circumstance of 26
aggravation that at the time of committing the offence 27
the offender was adversely affected by an intoxicating 28
substance and the following circumstances also 29
applied-- 30
Page 6
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
(i) the intoxicating substance was alcohol; 1
(ii) the person was over the following alcohol limit-- 2
(A) the general alcohol limit; 3
(B) for a person mentioned in section 79(2A), 4
(2B) or (2J)--the no alcohol limit. 5
prescribed alcohol interlock means an alcohol interlock that 6
is prescribed under a regulation as a prescribed alcohol 7
interlock. 8
prescribed supplier means an entity prescribed under a 9
regulation to do the following if requested by the chief 10
executive-- 11
(a) to supply a motor vehicle with a prescribed alcohol 12
interlock; 13
(b) to remove a prescribed alcohol interlock from a motor 14
vehicle; 15
(c) to provide a certificate, as mentioned in section 91R(3), 16
relating to a prescribed alcohol interlock. 17
subsequent licence means a Queensland driver licence, 18
granted to a person who was disqualified from holding or 19
obtaining a Queensland driver licence. 20
supply, in relation to a prescribed alcohol interlock, includes 21
supply the interlock, fit it to a motor vehicle and, as necessary, 22
maintain it. 23
`Division 2 Court order for alcohol interlock 24
`91J Court order about disqualification may include 25
alcohol interlock condition 26
`(1) This section applies to a person if-- 27
(a) the person is convicted of a drink-driving offence 28
committed after the commencement of this section and 29
the court before whom the person is convicted is 30
satisfied that, at the material time, the person was over 31
the high alcohol limit; and 32
Page 7
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
(b) within the period of 5 years before the date of the 1
conviction mentioned in paragraph (a), the person has 2
not been convicted of a drink-driving offence involving 3
a finding that, at the material time, the person was over 4
the high alcohol limit; and 5
(c) the court makes an order disqualifying the person from 6
holding or obtaining a Queensland driver licence. 7
`(2) Also, this section applies to a person if-- 8
(a) the person is convicted of a drink-driving offence 9
committed after the commencement of this section and 10
the court before whom the person is convicted is 11
satisfied that, at the material time, the person was not 12
over the high alcohol limit; and 13
(b) within the period of 5 years before the date of the 14
conviction mentioned in paragraph (a), the person has 15
been convicted of a drink-driving offence involving a 16
finding that, at the material time, the person was not 17
over the high alcohol limit; and 18
(c) the court makes an order disqualifying the person from 19
holding or obtaining a Queensland driver licence. 20
`(3) The court may order that, if the person is granted a subsequent 21
licence, the licence is subject to the condition the person drive 22
only a motor vehicle supplied with a prescribed alcohol 23
interlock. 24
`(4) Also, the order must state the following-- 25
(a) a minimum period of at least 1 year, and a maximum 26
period of not more than 4 years, for which the alcohol 27
interlock condition will apply to the person after the 28
person is granted a subsequent licence; 29
(b) whether the person is not to be over the no alcohol limit 30
or the general alcohol limit when starting or operating 31
the vehicle. 32
`(5) For this section, a period before the date of a conviction may 33
include a period before the commencement of this section. 34
Page 8
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
`91K Court order about disqualification must include 1
alcohol interlock condition 2
`(1) This section applies to a person if-- 3
(a) the person is convicted of a drink-driving offence 4
committed after the commencement of this section; and 5
(b) within the period of 5 years before the date of the 6
conviction mentioned in paragraph (a) the person has 7
been convicted of a drink-driving offence involving a 8
finding that, at the material time, the person was over 9
the high alcohol limit; and 10
(c) the court makes an order disqualifying the person from 11
holding or obtaining a Queensland driver licence. 12
`(2) The court must order that, if the person is granted a 13
subsequent licence, the licence is subject to the condition the 14
person drive only a motor vehicle supplied with a prescribed 15
alcohol interlock. 16
`(3) Also, the order must state the following-- 17
(a) a minimum period of at least 1 year, and a maximum 18
period of not more than 8 years, for which the alcohol 19
interlock condition will apply to the person after the 20
person is granted a subsequent licence; 21
(b) whether the person is not to be over the no alcohol limit 22
or the general alcohol limit when starting or operating 23
the vehicle. 24
`(4) For this section, a period before the date of a conviction may 25
include a period before the commencement of this section. 26
`91L Duration of alcohol interlock condition 27
`An alcohol interlock condition continues to apply to a person 28
until the earlier of the following happens-- 29
(a) the maximum period provided for in the condition ends; 30
(b) a court makes an order under section 91R for the 31
removal of the condition. 32
Page 9
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
`Division 3 Drink-driving education and 1
rehabilitation 2
`91M Alcohol intervention consultation 3
`(1) This section applies to a person in relation to whom an alcohol 4
interlock condition is imposed under section 91J. 5
`(2) Before the end of the minimum period stated in the alcohol 6
interlock order, the person must-- 7
(a) attend, at the person's own expense, a consultation with 8
a doctor prescribed under a regulation for the purpose of 9
discussing and giving advice to the person about the 10
risks of alcohol consumption (alcohol intervention 11
consultation); and 12
(b) give the chief executive a certificate or other evidence 13
from the doctor confirming the person attended an 14
alcohol intervention consultation. 15
`(3) A certificate mentioned in subsection (2)(b) must be in the 16
approved form. 17
`(4) In this section-- 18
alcohol interlock order means an order made by a court under 19
section 91J. 20
`91N Drink-driving rehabilitation course 21
`(1) This section applies to a person in relation to whom an alcohol 22
interlock condition is imposed under section 91K. 23
`(2) Before the end of the minimum period stated in the alcohol 24
interlock order, the person must-- 25
(a) complete, at the person's own expense, a prescribed 26
drink-driving rehabilitation course; and 27
(b) give the chief executive a certificate or other evidence 28
that the person has completed the prescribed course. 29
`(3) A regulation may prescribe a course about the use of alcohol 30
and driving a motor vehicle as a prescribed drink-driving 31
rehabilitation course. 32
Page 10
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
`(4) A certificate mentioned in subsection (2)(b) must be in the 1
approved form. 2
`(5) In this section-- 3
alcohol interlock order means an order made by a court under 4
section 91K. 5
`Division 4 Offences and immobilisation orders 6
`91O Offences 7
`(1) An alcohol interlock driver must not drive a motor vehicle-- 8
(a) in breach of the alcohol interlock condition imposed in 9
relation to the driver; or 10
(b) if the vehicle has been started or operated in any of the 11
following circumstances-- 12
(i) while the prescribed alcohol interlock supplied by 13
a prescribed supplier is disengaged; 14
(ii) in a way that does not comply with the 15
manufacturer's instructions for the use of the 16
prescribed alcohol interlock; 17
(iii) in a way other than by the driver blowing directly 18
into the appropriate part of the prescribed alcohol 19
interlock. 20
Maximum penalty--30 penalty units or 4 months 21
imprisonment. 22
`(2) Subsection (3) applies if-- 23
(a) an alcohol interlock driver contravenes an alcohol 24
interlock condition by driving a motor vehicle with a 25
type of alcohol interlock that is not a prescribed alcohol 26
interlock or is not supplied by a prescribed supplier; and 27
(b) the alcohol interlock driver is charged with an offence 28
against subsection (1)(a) in relation to the contravention. 29
`(3) It is a defence for subsection (1) if the alcohol interlock driver 30
proves, as is relevant to the offence against that subsection, 31
that the driver reasonably believed at the time of the 32
Page 11
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
contravention that the type of alcohol interlock was a 1
prescribed alcohol interlock or that the supplier was a 2
prescribed supplier. 3
`(4) A person must not assist an alcohol interlock driver to start or 4
operate a vehicle, or interfere with a prescribed alcohol 5
interlock supplied for a vehicle, in breach of the alcohol 6
interlock condition imposed in relation to the alcohol 7
interlock driver. 8
Maximum penalty--30 penalty units or 4 months 9
imprisonment. 10
`91P Immobilisation orders 11
`(1) A court finding an alcohol interlock driver guilty, or 12
convicting an alcohol interlock driver, of an offence against 13
section 91O(1) may, if the court considers it appropriate to do 14
so, order that the motor vehicle concerned be immobilised (an 15
immobilisation order). 16
`(2) The immobilisation order may-- 17
(a) be made subject to stated conditions; and 18
(b) be for a period stated in the order of not more than 1 19
year; and 20
(c) state a way of immobilising the motor vehicle, 21
including, for example, by using wheel clamps. 22
`(3) Also, the immobilisation order must state that the alcohol 23
interlock driver is liable to pay the costs of immobilising the 24
vehicle, keeping it while it is immobilised and for removing 25
the immobilising device. 26
`(4) The court may make the immobilisation order whether the 27
motor vehicle is owned by the alcohol interlock driver or 28
another person. 29
`(5) If the court considers the motor vehicle is owned by another 30
person or another person may be substantially affected by the 31
immobilisation order (each of whom is the other person), the 32
court must not make the order unless-- 33
Page 12
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
(a) the other person is present before the court and is given 1
an opportunity to give evidence about the other person's 2
interest in the vehicle or how the other person will be 3
affected by the order; or 4
(b) the court is satisfied the other person has been given 5
written notice about the following-- 6
(i) the time and date of the proceeding; 7
(ii) that the other person may appear before the court 8
and give evidence about the other person's interest 9
in the vehicle or how the other person will be 10
affected by the order; 11
(iii) that the court may order the motor vehicle be 12
immobilised. 13
`(6) If the other person is not present before the court and has not 14
been given written notice as mentioned in subsection (5)(b), 15
the court may adjourn the proceeding until the other person 16
has been given notice. 17
`(7) In making the immobilisation order, but without limiting the 18
matters the court may have regard to in considering whether it 19
is appropriate to make the order, the court must have regard 20
to-- 21
(a) whether the offence against section 91O(1) happened 22
without the knowledge or consent of the other person; 23
and 24
(b) evidence about the nature of the other person's interest 25
in the motor vehicle or the way the other person will be 26
substantially affected by the order. 27
`(8) If the other person gives evidence about the other person's 28
interest in the motor vehicle or the way the other person will 29
be substantially affected by the immobilisation order, the 30
person is to be treated as a witness and may be 31
cross-examined. 32
Page 13
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
`Division 5 Arranging for the supply or removal 1
of prescribed alcohol interlock 2
`91Q Prescribed supplier to fit prescribed alcohol interlock 3
`(1) This section applies if an alcohol interlock driver has paid all 4
of the fine, if any, imposed on the driver as a fine for the 5
relevant drink-driving offence. 6
`(2) The alcohol interlock driver may, in the approved form, ask 7
the chief executive to arrange for a motor vehicle to be 8
supplied with a prescribed alcohol interlock. 9
`(3) A regulation may provide for matters in relation to-- 10
(a) how the chief executive is to deal with a request under 11
subsection (2), including, for example, setting a fee for a 12
prescribed supplier to supply a prescribed alcohol 13
interlock if-- 14
(i) no fine was imposed on the driver for the relevant 15
drink-driving offence; or 16
(ii) the amount of the fine is less than the cost of a 17
prescribed supplier supplying the motor vehicle 18
with a prescribed alcohol interlock; or 19
(iii) the driver asks for more than 1 motor vehicle to be 20
supplied with a prescribed alcohol interlock; and 21
(b) how arrangements are to be made for supplying a motor 22
vehicle with a prescribed alcohol interlock. 23
`(4) In this section-- 24
relevant drink-driving offence, in relation to an alcohol 25
interlock driver, means the drink-driving offence committed 26
by the driver that allowed or required a court to impose an 27
alcohol interlock condition in relation to the driver. 28
Page 14
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
`91R Application at end of minimum period stated in 1
alcohol interlock condition 2
`(1) This section applies to an alcohol interlock driver after the end 3
of the minimum period stated in the alcohol interlock order 4
imposed on the driver under section 91J or 91K. 5
`(2) The alcohol interlock driver may apply to the court for the 6
removal of the alcohol interlock condition. 7
Note-- 8
No application may be made before the end of the minimum period. 9
`(3) The application must be accompanied by-- 10
(a) a certificate, in the approved form, by a prescribed 11
supplier that data collected by the prescribed alcohol 12
interlock with which the driver's motor vehicle is 13
supplied does not indicate any improper attempt was 14
made within the period of 6 months before the date of 15
the certificate; or 16
(b) both of the following-- 17
(i) a certificate, in the approved form, by a prescribed 18
supplier that data collected by the prescribed 19
alcohol interlock with which the driver's motor 20
vehicle is supplied does indicate an improper 21
attempt was made within the period of 6 months 22
before the date of the certificate; 23
(ii) an affidavit by the alcohol interlock driver about 24
any improper attempt mentioned in the certificate. 25
`(4) Also, the application must be accompanied by evidence that-- 26
(a) if the alcohol interlock driver is a person to whom 27
section 91J applies--the person has attended an alcohol 28
intervention consultation as mentioned in section 91M; 29
or 30
(b) if the alcohol interlock driver is a person to whom 31
section 91K applies--the person undertook a prescribed 32
drink-driving rehabilitation course as mentioned in 33
section 91N. 34
Page 15
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 6]
Example of evidence-- 1
a copy of a certificate given to the chief executive under section 91M or 2
91N 3
`(5) The registrar of the court must ensure a copy of the 4
application and accompanying documents are given to the 5
commissioner. 6
`(6) The court may only make an order for the removal of the 7
alcohol interlock condition if the court is satisfied the alcohol 8
interlock driver complied with-- 9
(a) the alcohol interlock condition on his or her licence; and 10
(b) the requirement applicable to the driver under section 11
91M or 91N. 12
`(7) For subsection (6), the court must-- 13
(a) consider the application and accompanying certificates 14
and may refuse the application if there is a certificate as 15
mentioned in subsection (3)(b)(i) and the court is not 16
satisfied that the improper attempt was made-- 17
(i) in circumstances that were reasonable; or 18
(ii) by someone other than the alcohol interlock driver 19
and the alcohol interlock driver was not involved 20
with the improper attempt; and 21
(b) consider any other evidence tendered by the applicant or 22
the commissioner and any evidence of a doctor required 23
by the court; and 24
(c) have regard to-- 25
(i) the driver's use of alcohol since the condition was 26
imposed; and 27
(ii) the driver's physical and mental condition at the 28
time of the hearing of the application; and 29
(iii) the effect that making the order may have on the 30
safety of the driver and the public. 31
`(8) In this section-- 32
improper attempt means an attempt to start or operate a motor 33
vehicle supplied with an alcohol interlock that fails because a 34
Page 16
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 7]
particular concentration of alcohol detected by the alcohol 1
interlock prevents the motor vehicle from being started or 2
operated.'. 3
Clause 7 Amendment of s 131 (Reviews and appeals with respect 4
to issue of licences etc.) 5
Section 131(2)-- 6
omit, insert-- 7
`(2) A person who has been disqualified, by operation of law or an 8
order, from holding or obtaining a Queensland driver licence 9
absolutely or for a period of more than 2 years, may, at any 10
time after the following period, apply for the disqualification 11
to be removed-- 12
(a) if the person was disqualified under section 13
86(1H)--the expiration of 5 years from the start of the 14
disqualification period; 15
(b) otherwise--the expiration of 2 years from the start of 16
the disqualification period.'. 17
Clause 8 Amendment of sch 4 (Dictionary) 18
Schedule 4-- 19
insert-- 20
`alcohol interlock, for chapter 5, part 3B, see section 91I. 21
alcohol interlock condition, for chapter 5, part 3B and section 22
87, see section 91I. 23
alcohol interlock driver, for chapter 5, part 3B, see section 24
91I. 25
drink-driving offence, for chapter 5, part 3B and section 26
86(1H), see section 91I. 27
prescribed alcohol interlock, for chapter 5, part 3B, see 28
section 91I. 29
prescribed supplier, for chapter 5, part 3B, see section 91I. 30
subsequent licence, for chapter 5, part 3B, see section 91I. 31
Page 17
Transport Operations (Road Use Management--Interlocks) Amendment Bill 2009
[s 8]
supply, in relation to a prescribed alcohol interlock, for 1
chapter 5, part 3B, see section 91I.'. 2
Page 18
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