Part 3BAlcohol ignition interlocks#

Division 1Preliminary#

91IDefinitions for part#

In this part—

alcohol ignition interlock: means a device that, when fitted to a motor vehicle, prevents the vehicle from being started unless the device is provided with a specimen of a person's breath containing either no alcohol or less than a particular concentration of alcohol.
approved: means approved under a regulation.
approved servicing requirement: means a servicing requirement approved and published by the chief executive under section 91IA.
disqualification period: see section 91J(1).
drink driving offence: means any of the following—
(a): an offence against section 78(1) for which the offender was disqualified under section 78(3)(j) from holding or obtaining a Queensland driver licence for a particular period;
(b): an offence against section 79(1), involving a motor vehicle, while under the influence of liquor;
(c): an offence against section 79(1F) involving a motor vehicle;
(d): an offence under section 80(11), involving a motor vehicle, in relation to failing to provide—
(i): a specimen of breath for analysis; or
(ii): a specimen of blood for a laboratory test if the requisition to which the failure relates was made for the purpose of determining the concentration of alcohol (if any) in the person's blood;
(e): an offence against the Criminal Code, section 328A(1) or (4), involving a motor vehicle, when accompanied by the circumstance of aggravation that at the time of committing the offence the offender was adversely affected by alcohol;
(f): an offence against section 91W(1) for which paragraph (a)(i) or (ii) of the penalty for the offence applies;
(g): an offence against section 91X(1);
(h): an offence against section 79(2), (2A), (2B), (2J), (2K) or (2L) involving a motor vehicle and committed within 5 years after the offender was previously convicted of—
(i): an offence against any of those provisions; or
(ii): an offence mentioned in any of paragraphs (a) to (g).
exemption certificate: see section 91R(3).
interlock: means an alcohol ignition interlock.
interlock condition: see section 91K(1).
interlock driver: means a person whose Queensland driver licence is subject to the interlock condition; and includes a person who has an interlock exemption.
interlock exemption: means an exemption, granted under section 91Q, from the application of the interlock condition while the exemption has effect.
interlock period: see section 91M.
nominated vehicle: for a person, means a motor vehicle nominated by the person under section 91L.
nominated vehicle fitted with a prescribed interlock: for a person, includes a vehicle fitted with an interlock in compliance by the person with a non-Queensland interlock requirement.
non-Queensland interlock period: means the period during which a person, under a non-Queensland interlock requirement, may drive only a motor vehicle fitted with an alcohol ignition interlock.
non-Queensland interlock requirement: means a requirement under, or imposed under, a law of another jurisdiction allowing a person to drive only a motor vehicle fitted with an alcohol ignition interlock during a particular period.

prescribed interlock means an approved interlock provided by a person who is an approved interlock provider and installed and maintained by a prescribed interlock installer.

prescribed interlock installer means a person with whom an approved interlock provider has an arrangement for the person to install or maintain approved interlocks provided by the provider.

prescribed period see section 91N(1).

servicing requirement means a condition in an interlock agreement requiring a person to present the person's nominated vehicle fitted with a prescribed interlock for servicing at stated intervals during the term of the agreement.

91IAApproved servicing requirements for prescribed interlock#

The chief executive must—

(a)approve servicing requirements for prescribed interlocks; and
(b)approve requirements only if satisfied that the requirements are reasonable; and
(c)publish the approved requirements on the department's website.

Division 2Interlock condition#

91JApplication of division#

(1)This division applies to a person who—
(a)is convicted of a drink driving offence; and
(b)is disqualified, other than under a prescribed provision, by or because of the conviction or offence, or under the penalty imposed for the offence, for a particular period (the disqualification period) from holding or obtaining a Queensland driver licence.

(2)For subsection (1)(b), a reference to a person who is disqualified from holding or obtaining a Queensland driver licence includes a person who is—
(a)disqualified as a result of a conviction for an offence against section 79(1F) involving a motor vehicle; and
(b)the subject of an order made under section 87 in relation to the disqualification.
(3)This division also applies to a person who is subject to a non-Queensland interlock requirement.
(4)Despite subsection (3), this division does not apply to a person mentioned in the subsection if, were this division to apply to the person, the person's interlock period would have ended under section 91M.
(5)In this section—

prescribed provision means section 79B(4), 89(1) or 90(1).

91KInterlock condition#

(1)A Queensland driver licence granted to a person mentioned in section 91J(1) after the person's disqualification period ends is subject to the condition (interlock condition) that, during the person's interlock period, the person may drive only—
(a)if paragraph (b) or (c) does not apply—a motor vehicle that is a nominated vehicle fitted with a prescribed interlock; or
(b)when the person is receiving driver training from a person accredited as a driver trainer under a regulation—
(i)a motor vehicle mentioned in paragraph (a); or
(ii)a motor vehicle provided by the accredited driver trainer; or
(c)when the person is taking a practical driving test under the driver licensing regulation—any motor vehicle.

(2)A restricted licence granted under section 87 to a person mentioned in section 91J(1) during the person's disqualification period is subject to the interlock condition.
(3)A Queensland driver licence granted to a person mentioned in section 91J(3) during the person's non-Queensland interlock period is subject to the interlock condition.
(4)Subsection (1) does not apply in relation to a person mentioned in section 91J(1) if, during the person's disqualification period—
(a)an order was made under section 87 in relation to the disqualification; and
(b)the person's interlock period ended under section 91M(1)(b)(ii) or (iii).

91LNomination of vehicle#

(1)For section 91K(1)(a), a person—
(a)may nominate only a motor vehicle of a class the person is authorised to drive under the person's Queensland driver licence; and
(b)may nominate more than 1 motor vehicle.

(2)A particular vehicle can not be the nominated vehicle for more than 1 person unless a regulation provides for identifying the driver of the vehicle at a particular time.

(3)The nomination must be made to the chief executive.

91MInterlock period#

(1)For a person mentioned in section 91J(1) who is the subject of an order under section 87 in relation to the disqualification, the interlock period is the period—
(a)starting when the order is made; and
(b)ending when whichever of the following happens first—
(i)a period of 5 years elapses after the order is made;
(ii)the person's prescribed period ends;
(iii)the person's restricted licence is cancelled under section 127 because of a further disqualification for a drink driving offence.
(2)For a person mentioned in section 91J(1) whose disqualification period has ended (other than a person whose interlock period started under subsection (1)), the interlock period is the period—
(a)starting when the disqualification period ended; and
(b)ending when whichever of the following happens first—
(i)a period of 5 years elapses after the disqualification period ended;
(ii)the person's prescribed period ends;
(iii)the person's Queensland driver licence is cancelled under section 127 because of a further disqualification for a drink driving offence.
(3)For a person mentioned in section 91J(3), the interlock period is the period—
(a)starting when the person's non-Queensland interlock period starts; and
(b)ending when whichever of the following happens first—
(i)a period of 5 years elapses after the person's non-Queensland interlock period starts;
(ii)the person's prescribed period ends;

(iii) the person's Queensland driver licence is cancelled under section 127 because of a further disqualification for a drink driving offence.

(4)Subsection (5) applies if—
(a)section 91F applies to a person mentioned in section 91J(1) or (3); and
(b)the person's interlock period would otherwise end under this section within 5 years after the interlock period started; and
(c)when the person's interlock period would otherwise end, the person—
(i)has not completed a repeat offender education program within the previous 5 years; and
(ii)does not have an exemption from completing a repeat offender education program under part 3A, division 3.
(5)The person's interlock period continues from when the interlock period would otherwise end under this section until whichever of the following happens first—
(a)the person completes a repeat offender education program;
(b)the person is granted an exemption from completing a repeat offender education program under part 3A, division 3;
(c)a period of 5 years lapses after the interlock period started.

91NPrescribed period#

(1)The prescribed period for a person is the period of 12 months during which—
(a)the person held a valid Queensland driver licence and had—
(i)a nominated vehicle fitted with a prescribed interlock; or
(ii)an interlock exemption that had effect; or
(b)the person, while driving under the authority of a valid non-Queensland driver licence—
(i)complied with a non-Queensland interlock requirement; or
(ii)had an exemption from the non-Queensland interlock requirement that had effect; or
(c)the person satisfied paragraph (a) for part of the period and satisfied paragraph (b) for the balance of the period.

(2)However, if a person's prescribed period is extended under division 4, the prescribed period for the person is the period comprising—
(a)the period of 12 months mentioned in subsection (1); and
(b)each period—
(i)by which the period mentioned in subsection (1) is extended under division 4; and
(ii)during which the person meets the requirements of subsection (1)(a), (b) or (c).

(3)The prescribed period need not be continuous.
(4)In this section—

valid: means— (a) in relation to a Queensland driver licence other than a restricted licence— (i) the licence has not expired; or (ii) the licence has not been cancelled, suspended or surrendered; or (iii) the licensee is not disqualified from holding or obtaining a Queensland driver licence; or (ab) in relation to a restricted licence— (i) the licence has not expired; or (ii) the licence has not been cancelled, suspended or surrendered; or (iii) the licensee is not, after the restricted licence is granted, disqualified from holding or obtaining a Queensland driver licence because of a conviction for another offence; or (b) in relation to a non-Queensland driver licence— (i) the licence has not expired; or (ii) the licence has not been cancelled or suspended; or (iii) the licensee is not disqualified from holding or obtaining the licence in the jurisdiction in which it may be issued.

91OWhen interlock condition ends#

The interlock condition ends when the interlock period ends.

Division 3Interlock exemption#

91PApplying for interlock exemption#

(1)A person mentioned in section 91J(1) may apply to the chief executive for an interlock exemption.
(2)The application can not be made sooner than—
(a)6 weeks before the end of the person's disqualification period; or
(b)if the person is the subject of an order under section 87 in relation to the disqualification—the day the order is made.
(3)A person mentioned in section 91J(3) may, at any time, apply to the chief executive for an interlock exemption.
(4)An application under subsection (1) or (3) must be accompanied by the fee prescribed under a regulation.

91QDeciding application for interlock exemption#

(1)The chief executive must, subject to section 163B(4)—
(a)decide an application for an interlock exemption within the prescribed 28-day period; and
(b)grant or refuse to grant the exemption.
(2)If the chief executive grants the exemption, the chief executive may impose restrictions applying to the exemption.
(3)The chief executive may only grant an interlock exemption if the chief executive is satisfied—
(a)that one of the following applies in relation to the applicant's principal place of residence (the applicant's residence)—
(i)the shortest reasonable distance, or shortest reasonable travelling time, using a motor vehicle, between the applicant's residence and the nearest place of business of a prescribed interlock installer (the nearest place of business) is greater than the distance or time prescribed under a regulation;
(ii)the applicant's residence is at a location, prescribed under a regulation, from which the nearest place of business is not reasonably accessible using a motor vehicle; or

business is not reasonably accessible using a motor vehicle; or (iii) the applicant's residence is outside both of the following— (A) a radius prescribed under a regulation from the nearest place of business; (B) an area in which a prescribed interlock installer provides or operates a mobile service for the installation of interlocks; or (b) that, as evidenced by a doctor's certificate provided to the chief executive, the applicant has a medical condition preventing the applicant from providing a sufficient breath sample to operate an approved interlock; or (c) of another matter prescribed under a regulation for this subsection.

(4) If the chief executive does not decide the application within the prescribed 28-day period, the chief executive is taken to have made a decision (a deemed decision) refusing to grant the exemption on the last day of the period.

(5) Despite subsection (4), the chief executive may continue to consider the application and make a considered decision in relation to it.

(6) If a considered decision is made, the considered decision replaces any deemed decision for the purposes of this Act.

(7) As soon as practicable after a deemed decision or considered decision is made, the chief executive must give the applicant a written notice stating— (a) the prescribed review information for the decision; and (b) for a considered decision, the reasons for the decision.

(8) In this section—

considered decision: means a decision in accordance with subsection (3).
prescribed 28-day period: means the later of the following periods— (a) 28 days after the chief executive receives the application; (b) 28 days after the chief executive receives further information or documents about the application requested under section 163B(1).

91RDecision on application and exemption certificate#

(1) The chief executive must inform an applicant for an interlock exemption of the chief executive's decision on the application by written notice.

(2) If the chief executive decides to grant the exemption, the written notice must contain a brief statement of— (a) the matters of which the chief executive was satisfied under section 91Q(3); and (b) the matters in relation to which the person must notify the chief executive, under section 91Y, of any change.

(3) Also, if the chief executive decides to grant the exemption, the chief executive must give the applicant a certificate about the exemption (the exemption certificate).

(4) The exemption certificate must be in the approved form and must state— (a) the exemption's expiry date; and (b) any restrictions applying to the exemption; and (c) to the extent it is relevant, the information mentioned in section 91S.

(5) If the chief executive decides to refuse to grant the exemption, the notice must state— (a) the reasons for the decision; and (b) the prescribed review information for the decision.

91SWhen interlock exemption stops having effect#

A person's interlock exemption stops having effect when whichever of the following happens first— (a) the exemption certificate expires; (b) 14 days elapse after the person gives the chief executive a notice under section 91Y; (c) the exemption is cancelled under section 19; (d) the interlock period ends.

91TWhat happens when interlock exemption stops having effect#

When a person's interlock exemption stops having effect, the interlock condition of the person's Queensland driver licence applies to its full extent for the remainder of the person's interlock period.

Division 4Extending interlock driver's prescribed period#

91UGrounds for discretionary extension of prescribed period#

(1) It is a ground for extending an interlock driver's prescribed period if— (a) the person drove a nominated vehicle for the person without first providing the vehicle's prescribed interlock with a specimen of the person's breath; or (b) the person drove a nominated vehicle for the person when the person knew, or ought reasonably to have known, the vehicle's prescribed interlock was not operating properly; or (c) the person drove a nominated vehicle for the person when the person knew, or ought reasonably to have known that the vehicle's prescribed interlock had been interfered with.

(2) In this section—

interfered with: includes tampered with, damaged, destroyed and removed.

91VProcedure for discretionary extension of prescribed period#

(1) If the chief executive considers a ground exists to extend an interlock driver's prescribed period (the proposed action), the chief executive may give the person a written notice (the show cause notice).

(2) The show cause notice must— (a) state the proposed action; and (b) state the ground for the proposed action; and (c) outline the facts and circumstances forming the basis for the ground; and (d) state the period, of 4 months, by which the prescribed period is to be extended; and (e) invite the person to show cause, within a stated time of at least 28 days, why the proposed action should not be taken.

The chief executive may, before or after the end of the time stated in the show cause notice, extend the time within which the person may show cause.

If, after considering any personal or written representations made within the time stated or allowed, the chief executive still considers a ground exists to take the proposed action, the chief executive may extend the prescribed period for a period not longer than the period stated in the show cause notice.

The chief executive must give the person written notice of the decision stating the following—

(a) the period for which the prescribed period is extended;
(b) the reasons for the decision;
(c) the prescribed review information for the decision.

91VAAutomatic extension of prescribed period#

A person’s prescribed period is extended by the automatic period of extension if any of the following events (each a relevant event) happens during the last 4 months of the person’s prescribed period—

(a) the person provides a prescribed interlock with a specimen of the person’s breath containing alcohol;
(b) the person incurs a permanent lockout on a prescribed interlock for failure to meet an approved servicing requirement for the interlock.

The automatic period of extension is the number of days between and including the previous end date and the new end date.

The automatic extension of the person’s prescribed period—

(a) is imposed when the relevant interlock data is received by the chief executive, and is calculated from the date of the relevant event; and
(b) replaces the previous end date with the new end date.

The automatic extension is taken for section 65A to be a decision by the chief executive to extend the person’s prescribed period by the automatic period of extension because of a relevant event.

The person must be notified of the automatic extension in the way prescribed by regulation.

In this section a reference to a prescribed interlock, in relation to a person, is a reference to a prescribed interlock fitted to a nominated vehicle for the person.

In this section—

new end date: for a person, means the day that is 4 months after the date on which the relevant event happened.
previous end date: for a person, means the date on which the person’s prescribed period would have ended under section 91N were it not for the automatic extension.
relevant interlock data: for a person, means the data from the person’s prescribed interlock that shows a relevant event happened.

Division 5Offences#

91WDriving a motor vehicle other than as allowed under an interlock condition#

An interlock driver must not drive a motor vehicle that is a prohibited vehicle for the person, unless the person has an interlock exemption that has effect.

Maximum penalty—

(a) if the motor vehicle driven by the person was not fitted with a prescribed interlock, whether or not it was a nominated vehicle for the person—
(i) for a first conviction—28 penalty units; or
(ii) for a conviction within 5 years after a previous conviction to which the circumstance mentioned in this paragraph applies—60 penalty units; or
(b) if the motor vehicle driven by the person was not a nominated vehicle for the person but was fitted with a prescribed interlock—28 penalty units.

If the court convicts a person of an offence against subsection (1), the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for the following period—

(a) for a conviction mentioned in paragraph (a)(i) of the penalty—3 months;
(b) for a conviction mentioned in paragraph (a)(ii) of the penalty—6 months.

Subsection (4) applies if a police officer reasonably suspects an interlock driver is, or has been, driving a prohibited vehicle for the person.

If asked by the police officer whether the person may drive the vehicle under the interlock condition of the person’s Queensland driver licence, the person must produce for inspection an exemption certificate given to the person under section 91Q for an interlock exemption that has effect, unless the person has a reasonable excuse for not complying with the request.

Maximum penalty—28 penalty units.

Without limiting the matters that may be a reasonable excuse for subsection (4), it is a reasonable excuse if the person has not been given an exemption certificate under section 91R.

In this section—

conviction: means a conviction for an offence against subsection (1).
prohibited vehicle: for a person, means a motor vehicle other than a motor vehicle the person may drive under the interlock condition of the person’s Queensland driver licence.

91XNoncompliance with restrictions applying to interlock exemption#

An interlock driver who has an interlock exemption must comply with any restrictions applying to the exemption.

Maximum penalty—

(a) for a first conviction—28 penalty units; or
(b) for a conviction within 5 years after a previous conviction—60 penalty units.

(a) for a conviction mentioned in paragraph (a) of the penalty—3 months;
(b) for a conviction mentioned in paragraph (b) of the penalty—6 months.

In this section—

conviction: means a conviction for an offence against subsection (1).

91YPerson with interlock exemption must give notification of change in circumstances#

A person who has an interlock exemption must, within 14 days after the happening of a relevant change of circumstances, give written notice of the change to the chief executive.

Maximum penalty—28 penalty units.

In this section—

relevant change of circumstances: means a change in any of the matters stated, as required under section 91R(2)(b), in a written notice given to the person.

Division 6Other provisions about interlocks#

91ZRegulations relating to interlocks#

A regulation may be made under this division, including, for example, for making provision about the following—

(a) the approval of interlocks;
(b) the approval by the chief executive of providers or installers of interlocks, including conditions relating to an approval and the audit of approvals and conditions relating to approvals;
(c) the criteria necessary to be met by a provider or installer of interlocks for obtaining and continuing to hold an approval, including criteria relating to service standards and requirements;
(d) the installation, maintenance and removal of interlocks, including arrangements to be entered into in relation to their installation, maintenance or removal;
(e) the way notice is to be given to a person of an automatic extension of the person’s prescribed period;
(f) the grounds for review of an automatic extension of a person’s prescribed period.

Source: TORUM Act 1995 · pages 267–286 Open PDF at this page Search this document