Accident Towing Services Regulations 2019
50Circumstances in which accident towing demerit points are incurred and amount
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50 Circumstances in which accident towing demerit points are incurred and amount
(1) For the purposes of section 165(1) of the Act, the circumstances in which a person incurs accident towing demerit points are as follows—
(a) the penalty specified in an infringement notice issued for a relevant prescribed offence is paid;
(b) the penalty specified in an infringement notice issued for a relevant prescribed offence is not paid and notice of objection is not given within the time specified in the notice;
(c) the person is convicted or found guilty of a relevant prescribed offence.
Note
Section 3(2) of the Act provides that a reference to a person who has been found guilty of an offence must be construed in accordance with that subsection.
(2) For the purposes of section 165(1) of the Act, the dates on which accident towing demerit points are incurred for a relevant prescribed offence are as follows—
(a) on the date on which the amount of the penalty specified in an infringement notice is paid;
(b) if the amount of the penalty specified in an infringement notice is not paid and notice of objection is not given within the time specified in the notice, on the date on which the period specified in the notice as the time for payment expires;
(c) on the date on which the person is found to have committed the offence.
(3) For the purposes of section 165(2) of the Act, the number of accident towing demerit points that are incurred for a relevant prescribed offence is the number of accident towing demerit points set out in column 4 of the Table in Schedule 2 opposite the reference to the relevant provision that sets out the offence in column 3 of the Table.
(4) For the purposes of section 165(2) of the Act, a prescribed offence is an offence specified in column 3 of the Table in Schedule 2.
(5) The description of a relevant prescribed offence set out in column 2 of the Table in Schedule 2 is provided for convenience of reference only and is not to be taken to affect the nature or elements of the relevant prescribed offence to which the description refers or the operation of these Regulations.