QLDIn ForceAct
Building Act 1975
sec.214FWhen demerit points are allocated and take effect
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### sec.214F When demerit points are allocated and take effect
QBCC must allocate demerit points to a person for a conviction for a demerit offence as soon as practicable after the points take effect.
Demerit points for a conviction for a demerit offence take effect—
if a court finds the person guilty—on the day after the last day on which the person may appeal the finding; or
if a court accepts the person’s plea of guilty—on the day the plea is accepted; or
if the person pays the fine under an infringement notice in full—on the day the fine is paid; or
if the person applies to the administering authority to pay the fine under an infringement notice by instalments—on the day the administering authority receives the first instalment; or
if the administering authority gives a default certificate to SPER for registration—on the day the default certificate is registered.
However, if a conviction for a demerit offence is appealed, demerit points for the conviction must not be allocated until the appeal is finally dealt with or withdrawn.
Also, if a conviction for a demerit offence is appealed and after the appeal there is no conviction, demerit points stop having effect.
In this section—
administering authority see the State Penalties Enforcement Act 1999 , schedule 2 .
SPER see the State Penalties Enforcement Act 1999 , schedule 2 .
s 214F ins 2020 No. 24 s 56
(sec.214F-ssec.1) QBCC must allocate demerit points to a person for a conviction for a demerit offence as soon as practicable after the points take effect.
(sec.214F-ssec.2) Demerit points for a conviction for a demerit offence take effect— if a court finds the person guilty—on the day after the last day on which the person may appeal the finding; or if a court accepts the person’s plea of guilty—on the day the plea is accepted; or if the person pays the fine under an infringement notice in full—on the day the fine is paid; or if the person applies to the administering authority to pay the fine under an infringement notice by instalments—on the day the administering authority receives the first instalment; or if the administering authority gives a default certificate to SPER for registration—on the day the default certificate is registered.
(sec.214F-ssec.3) However, if a conviction for a demerit offence is appealed, demerit points for the conviction must not be allocated until the appeal is finally dealt with or withdrawn.
(sec.214F-ssec.4) Also, if a conviction for a demerit offence is appealed and after the appeal there is no conviction, demerit points stop having effect.
(sec.214F-ssec.5) In this section— administering authority see the State Penalties Enforcement Act 1999 , schedule 2 . SPER see the State Penalties Enforcement Act 1999 , schedule 2 .
- (a) if a court finds the person guilty—on the day after the last day on which the person may appeal the finding; or
- (b) if a court accepts the person’s plea of guilty—on the day the plea is accepted; or
- (c) if the person pays the fine under an infringement notice in full—on the day the fine is paid; or
- (d) if the person applies to the administering authority to pay the fine under an infringement notice by instalments—on the day the administering authority receives the first instalment; or
- (e) if the administering authority gives a default certificate to SPER for registration—on the day the default certificate is registered.