46Effect of cancellation of demerit points on suspension under section 40

46 Effect of cancellation of demerit points on suspension under section 40 S. 46(1) amended by No. 49/2019 s. 116(Sch. 1 item 87). (1) The Secretary must cancel the suspension of a person's driver licence or learner permit under section 40(2) or (3) if all the demerit points incurred during the extended demerit point period that gave rise to the suspension are cancelled. (2) If the suspension of a person's driver licence or learner permit is cancelled under subsection (1), the extended demerit point period continues as if the suspension had not occurred. S. 46(3) amended by No. 49/2019 s. 116(Sch. 1 item 87). (3) The Secretary must recalculate and, if necessary, adjust a period of suspension imposed on a person under section 40(2) or (3) if— (a) any of the demerit points recorded against the person as at the date of issue of the demerit point option notice are cancelled; and (b) without those points, the conditions specified in section 36(1) for the issuing of the notice continue to exist. S. 46AA inserted by No. 41/2020 s. 37. 46AA Effect of cancellation of demerit points on suspensions under sections 41 and 41A (1) The Secretary must cancel the suspension of a person's driver licence or learner permit under section 41 if all the demerit points that gave rise to the suspension are cancelled. (2) The Secretary must recalculate and, if necessary, adjust a period of suspension imposed on a person under section 41 if— (a) any of the demerit points recorded against the person that gave rise to the suspension are cancelled; and (b) without those points, the Secretary must still suspend the person's driver licence or learner permit under section 41. (3) The Secretary must cancel the suspension of a person's driver licence or learner permit under section 41A if all the demerit points that gave rise to the suspension are cancelled. (4) The Secretary must recalculate and, if necessary, adjust a period of suspension imposed on a person under section 41A if— (a) any of the demerit points recorded against the person that gave rise to the suspension are cancelled; and (b) without those points, the Secretary must still suspend the person's driver licence or learner permit under section 41A. Division 4—Holders of overseas licences and unlicensed drivers S. 46A inserted by No. 74/2013 s. 4.