Part 3BDemerit points scheme

Part 3B—Demerit points scheme 98AB—Interpretation (1) In this Part, a reference to an offence committed by a person includes a reference to an offence allegedly committed by a person that the person has expiated. (2) In this Part— expiate includes pay the amount payable in connection with an infringement notice or penalty notice issued under a law of another State or Territory of the Commonwealth in respect of an alleged offence. 98B—Demerit points for offences in this State (1) Where a person is convicted of, or expiates, an offence of a kind prescribed by the regulations, the number of demerit points prescribed by the regulations in relation to that offence is, subject to this section, incurred by that person. (1aa) Where a natural person is convicted of, or expiates, an offence against section 79B(2) of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a prescribed offence, the number of demerit points prescribed by the regulations in relation to the prescribed offence in which the vehicle appears to have been involved is, subject to this section, incurred by the person. (1a) Demerit points are not incurred on the conviction of a person for an offence if the person has already incurred demerit points for that offence by virtue of being treated as if the person has expiated the offence in accordance with the Expiation of Offences Act 1996. (3) Subject to this section, if a person is convicted of or expiates two or more offences arising from the same incident, demerit points are incurred only in respect of the offence (or one of the offences) that attracts the most demerit points. (3a) If a person is convicted of or expiates two or more offences arising from the same incident and one of the offences is a red light offence and another is a speeding offence, demerit points are incurred in respect of both the red light offence and the speeding offence. (3b) If a person is convicted of or expiates an offence against section 79B(2) of the Road Traffic Act 1961 constituted of being the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of two or more prescribed offences arising out of the same incident and one of the prescribed offences is a red light offence and another is a speeding offence, the number of demerit points incurred for the offence against section 79B(2) is the sum of the number of demerit points prescribed by the regulations in relation to the red light offence and the number of demerit points prescribed by the regulations in relation to the speeding offence. (3c) In subsections (3a) and (3b)— prescribed offence means an offence that is a prescribed offence within the meaning of section 79B of the Road Traffic Act 1961; red light offence means an offence that is a red light offence within the meaning of section 79B of the Road Traffic Act 1961; speeding offence means an offence that is a speeding offence within the meaning of section 79B of the Road Traffic Act 1961. (4) If a court by which a person is convicted of an offence is satisfied by evidence given on oath forthwith on conviction that the offence is trifling, or that any other proper cause exists, it may order that a reduced number of demerit points, or no demerit points, are incurred by the person in respect of that offence. 98BB—Demerit points for offences interstate Where demerit points are incurred or recorded by or in relation to a person under a law of another State or Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Part, they will be taken to be incurred by that person under this Part. 98BC—Liability to disqualification (1) If a person (other than the holder of an interstate learner's permit or interstate licence) has incurred an aggregate of 12 or more demerit points in respect of offences committed within a period of 3 years up to and including the most recent date on which the person committed an offence in respect of which the person incurred demerit points, the person is liable to be disqualified under this Part from holding or obtaining a licence or learner's permit for the prescribed period. (2) If a person who holds an interstate learner's permit or interstate licence has incurred an aggregate of 12 or more demerit points in respect of offences of a kind prescribed by the regulations for the purposes of this subsection committed within a period of three years up to and including the most recent date on which the person committed an offence of that kind in respect of which the person incurred demerit points, the person is liable to be disqualified under this Part from holding or obtaining a licence or learner's permit for the prescribed period. (3) For the purposes of this section, the prescribed period of disqualification is— (a) where the number of demerit points incurred within the period of three years referred to in subsection (1) or (2) is not less than 12 points but not more than 15 points—three months; (b) where the number of demerit points incurred within the period of three years referred to in subsection (1) or (2) is not less than 16 points but not more than 19 points—four months; (c) where the number of demerit points incurred within the period of three years referred to in subsection (1) or (2) is 20 or more points—five months. 98BD—Notices to be sent by Registrar (1) Subject to this section, the Registrar must give a person written notice when the person has incurred a number or aggregate of demerit points equal to or exceeding one-half of the number that results in liability to be disqualified under section 98BC. (2) If a person is liable to be disqualified under section 98BC, the Registrar must on becoming aware of that fact, subject to this section, give the person written notice— (a) that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence or learner's permit for the prescribed period referred to in section 98BC; and (b) that, if the person holds any licence or learner's permit when the notice takes effect, the licence or learner's permit is suspended for that prescribed period. (3a) A notice under this section must inform the person of the person's right to make an election under section 98BE. (4) The Registrar may, but is not required to, give notice under this section to a person who the Registrar is satisfied is not usually resident in this State. (5) The operation of this Part is not affected by any failure to comply with subsection (1). 98BE—Disqualification and discounting of demerit points (1) A notice of disqualification under section 98BD(2) does not take effect if the person to whom the notice is given makes an election under subsection (2). (2) If a person who holds a licence is given a notice of disqualification under section 98BD(2), the person may, by notice given to the Registrar in accordance with the regulations— (a) within 21 days of the day specified in the notice of disqualification; or (b) with the permission of the Registrar, within 28 days of the day specified in the notice of disqualification, elect, in lieu of suffering disqualification, to accept a condition on the licence requiring the person to be of good behaviour for a period of 12 months commencing on the day on which the notice of disqualification would have taken effect in accordance with section 139BD. (2a) If a person incurs 2 or more demerit points in relation to 1 or more offences committed by the person while the holder of a licence subject to the condition referred to in subsection (2), the Registrar must, on becoming aware of that fact, give the person written notice— (a) that, commencing on the day on which the notice takes effect in accordance with section 139BD, the person is disqualified from holding or obtaining a licence for a period that is twice the period for which the disqualification would have applied under section 98BC if the person's licence had not been subject to that condition; and (b) that, if the person holds any licence when the notice takes effect, the licence is suspended during the period of disqualification. (5) Where a disqualification under section 98BC or a condition under subsection (2) has taken effect, the following demerit points are discounted: (a) all demerit points in respect of the offence that brought the aggregate of the demerit points to 12 or more (and led to notice of disqualification being sent to the person under section 98BD); (b) all demerit points in respect of offences committed prior to the time at which the person committed that offence (whether or not the person had been convicted of, or had expiated, those offences when the disqualification or condition took effect). 98BF—Effect of appeal or rehearing on disqualification and discounting (1) Where a disqualified person— (a) institutes an appeal against a conviction for an offence in respect of which demerit points were incurred that are included in the points resulting in the disqualification; or (b) applies for a rehearing of the proceedings that led to the conviction, the disqualification is inoperative until the appeal or application for rehearing is determined or withdrawn. (2) If, following an appeal against conviction for an offence or a rehearing of proceedings that lead to a conviction for an offence, the person is no longer disqualified, any demerit points for other offences discounted under section 98BE(5) in respect of that disqualification must be reinstated. 98BH—Court not to take into account demerit points A court in determining the penalty to be imposed on a person convicted of an offence must not take into account the fact that, in consequence of the conviction, demerit points will be incurred by the person. 98BI—Notification of demerit points to interstate licensing authorities (1) The Registrar must notify the licensing authority of another State or Territory of the Commonwealth of— (a) demerit points incurred under this Act in respect of an offence of a kind prescribed by the regulations for the purposes of this subsection by— (i) a person who holds an interstate learner's permit or interstate licence issued in that State or Territory; or (ii) a person who does not hold a licence or learner's permit under this Act or an interstate learner's permit or interstate licence but who resides in that State or Territory; and (b) such information about the person and the offence in respect of which the person incurred the demerit points as the Registrar considers appropriate. licensing authority means the person or body responsible for issuing interstate learner's permits and interstate licences under a law of another State or Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Part.