28Active demerit points

28 Active demerit points (1) For this Part, demerit points are active demerit points if they are capable of being taken into account as the basis of a suspension (2) Demerit points cease to be active if: (a) they are taken into account as the basis of a suspension notice; or (b) the demerit points, together with any further points incurred in the ensuing 12 month period, or 3 year period (as the case may be), do not result in the suspension threshold being reached. Notes for subsection (2) 1 Because substantial delay is possible between the date points are incurred and the date they are entered in the register, some points can remain active for more than 3 years. 2 Demerit points also cease to be active under section 25S(1)(b). (3) This section has effect subject to: (a) sections 39B(6)(c)(ii) and 48G(6)(c)(ii) of the Sentencing Act 1995; and

Motor Vehicles Act 1949 41 (b) sections 39N(5)(c)(ii), 48L(4)(c)(ii) and 48M(5)(c)(ii) of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022 and continued by section 145 of the Sentencing Act 1995. Division 2 Incurring demerit points 29 Demerit points only to natural persons Demerit points can only be incurred by natural persons. 30 When demerit points are incurred (1) Demerit points for a demerit points offence are incurred by the offender on the day the offence is committed. (2) Demerit points are to be recorded in the register as incurred on the date the demerit points offence was committed. (3) This section applies although the demerit points are not recorded in the register until a later time.