39Person elects to extend demerit point period and incurs no additional demerit points

39 Person elects to extend demerit point period and incurs no additional demerit points

S. 39(1) substituted by No. 68/2017 s. 56.

S. 39(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 79).

(a) a person on whom a demerit point option notice is served notifies the Secretary in accordance with section 38(1) that the person elects to extend the demerit point period; and

(b) the person incurs no additional demerit points in relation to any offence committed within the extended demerit point period; and

(c) the driver licence or learner permit of the person has not been cancelled or suspended for a driving offence (whether the cancellation or suspension is imposed under this Act or otherwise) during the extended demerit point period.

S. 39(2) amended by No. 49/2019 s. 116(Sch. 1 item 79).

(2) When calculating demerit points recorded against the person at any time after the extended demerit point period, the Secretary must disregard all the demerit points recorded against the person as at the date of issue of the demerit point option notice.

S. 40 (Heading) amended by No. 68/2017 s. 57(1).

New s. 40 inserted by No. 74/2013 s. 4.

40 Person elects to extend demerit point period and incurs additional demerit points or has driver licence or learner permit cancelled or suspended for a driving offence

S. 40(1) substituted by No. 68/2017 s. 57(2).

S. 40(1)(a) amended by No. 49/2019 s. 116(Sch. 1 item 80(a)).

(a) a person on whom a demerit point option notice is served notifies the Secretary in accordance with section 38(1) that the person elects to extend the demerit point period; and

(i) the person incurs one or more additional demerit points in relation to an offence committed within the extended demerit point period; or

(ii) the driver licence or learner permit of the person has been cancelled or suspended for a driving offence (whether the cancellation or suspension is imposed under this Act or otherwise) during the extended demerit point period.

S. 40(2) amended by No. 49/2019 s. 116(Sch. 1 item 80(a)).

(2) If the person holds a full driver licence or holds a learner permit or probationary driver licence and also holds, or has held, a full driver licence, the Secretary must—

(a) suspend the licence or permit for—

(i) 6 months; and

(ii) an additional 2 months for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the demerit point option notice; and

Example to s. 40(2)(a) amended by No. 49/2019 s. 116(Sch. 1 item 80(b)).