41Person fails to elect to extend demerit point period

41 Person fails to elect to extend demerit point period S. 41(1) amended by No. 49/2019 s. 116(Sch. 1 item 81(a)). (1) This section applies if a person on whom a demerit point option notice is served does not notify the Secretary in accordance with section 38(1) that he or she elects to extend the demerit point period. S. 41(2) amended by No. 49/2019 s. 116(Sch. 1 item 81(a)). (2) Subject to subsection (3), the Secretary must suspend the person's driver licence (whether or not a probationary driver licence) or learner permit for the period calculated in accordance with subsection (4). S. 41(3) substituted by No. 68/2017 s. 62, amended by No. 49/2019 s. 116(Sch. 1 item 81(b)). (3) If the demerit point option notice is returned to the Secretary as undelivered to the person, the Secretary may take the action under subsection (2). (4) For the purposes of subsection (2), the period for which a person's driver licence or learner permit must be suspended is as follows— (a) 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— (ii) an additional one month 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; or (b) if the person holds a learner permit or probationary driver licence and does not hold, and has never held, a full driver licence and the demerit point option notice was issued because the person incurred 12 or more demerit points within a 3 year period but not 5 or more within a 12 month period— (ii) an additional one month 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; or (c) if the person holds a learner permit or probationary driver licence and does not hold, and has never held, a full driver licence and the demerit point option notice was issued because the person incurred 5 or more demerit points within a 12 month period— (ii) an additional one month for each 4 demerit points in excess of the 5 recorded against the person as at the date of issue of the demerit point option notice. S. 41(5) amended by No. 49/2019 s. 116(Sch. 1 item 81(c)). (5) When calculating demerit points recorded against the person at any time after the end of the period of suspension, 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. 41A inserted by No. 68/2017 s. 58.