Victorian Numbered Acts Victorian Numbered Acts(1) In section 18(1) of the Road Safety Act 1986 , after "sub-section (2)" insert "or (3)".
(2) After section 18(2) of the Road Safety Act 1986 insert —
"(3) If the court is satisfied, in the case of a person who drove a motor vehicle on a highway in the circumstances referred to in sub-section (1)(a), that the person may have been subject to a direction under section 50AAA(1A) or 50AAA(3A) or would have been subject to a direction under section 50AAA(2) or 50AAA(3)(b) had the person applied under section 50(4) for an order as to the issue of a driver licence or permit or, having applied under that section, had the court not refused to make the order sought, that person is liable to a fine of not more than 30 penalty units or to imprisonment for a term of not more than 4 months.
(4) If sub-section (3) applies, the court may, if it considers it appropriate to do so, order that the motor vehicle concerned be immobilised (whether by wheel clamps or any other means) for a period specified in the order of up to 12 months.
(5) An order under sub-section (4) may be made subject to specified conditions.
(6) The court may make an order under sub-section (4) whether the motor vehicle is owned by the offender or another person.
(7) If the court considers that another person, who is not present at the hearing concerning the making of an order under sub-section (4), may be substantially affected by such an order, the court must issue a summons to that other person to show cause why the order should not be made.
(8) On return of the summons, the court may, after hearing the evidence brought before it, make or refuse to make the order.".