QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.67AXWhen demerit points allocated for demerit offences
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### sec.67AX When demerit points allocated for demerit offences
The commission 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 a person guilty—on the day after the last day on which the person may appeal the finding; or
if a court accepts a person’s plea of guilty—on the day the plea is accepted; or
if a person pays the fine under an infringement notice, in full—on the day the fine is paid; or
if a 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; or
if the commission decides to take disciplinary action against the person—on the day the disciplinary action takes effect under section 74G .
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offence is appealed, demerit points for the conviction must not be allocated until the appeal is finally dealt with or withdrawn.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—
appeal includes a review of a decision of the commission by the tribunal under section 86 .
s 67AX ins 2003 No. 1 s 34
amd 2007 No. 47 s 38 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 57 s 29
(sec.67AX-ssec.1) The commission must allocate demerit points to a person for a conviction for a demerit offence as soon as practicable after the points take effect.
(sec.67AX-ssec.2) Demerit points for a conviction for a demerit offence take effect— if a court finds a person guilty—on the day after the last day on which the person may appeal the finding; or if a court accepts a person’s plea of guilty—on the day the plea is accepted; or if a person pays the fine under an infringement notice, in full—on the day the fine is paid; or if a 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; or if the commission decides to take disciplinary action against the person—on the day the disciplinary action takes effect under section 74G .
(sec.67AX-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.67AX-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.67AX-ssec.5) In this section— appeal includes a review of a decision of the commission by the tribunal under section 86 .
- (a) if a court finds a person guilty—on the day after the last day on which the person may appeal the finding; or
- (b) if a court accepts a person’s plea of guilty—on the day the plea is accepted; or
- (c) if a person pays the fine under an infringement notice, in full—on the day the fine is paid; or
- (d) if a 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; or
- (f) if the commission decides to take disciplinary action against the person—on the day the disciplinary action takes effect under section 74G .