46HAppeal to Magistrates' Court

46H Appeal to Magistrates' Court S. 46H(1) amended by Nos 68/2017 s. 61, 49/2019 s. 116(Sch. 1 item 92(a)). (1) Subject to subsection (3), the holder of a driver licence or learner permit may appeal to the Magistrates' Court against the suspension of his or her driver licence or learner permit by the Secretary under section 40(2)(a) or (3)(a), 41 or 41A(1) or (3). S. 46H(2) amended by No. 49/2019 s. 116(Sch. 1 item 92(a)). (2) Subject to subsection (3), the holder of an overseas licence or an unlicensed driver may appeal to the Magistrates' Court against his or her disqualification from driving and from obtaining a driver licence or learner permit by the Secretary under section 46A(1)(b). (3) An appeal under subsection (1) or (2)— (a) must be made in accordance with the regulations; and (b) may only be made on either or both of the following grounds— S. 46H(3)(b)(i) amended by No. 49/2019 s. 116(Sch. 1 item 92(a)). (i) that the Secretary recorded certain demerit points other than as required by the regulations; (ii) that an error has been made in the addition of the number of demerit points incurred by the appellant in a relevant period. Note to s. 46H(3)(b) amended by No. 49/2019 s. 116(Sch. 1 item 92(b)), substituted as Notes by No. 25/2025 s. 5. 1 The circumstances in which the Secretary must record demerit points are specified in regulations 73 and 74 of the Road Safety (Drivers) Regulations 2019. 2 In certain circumstances the Secretary is required to record demerit points against the responsible person in relation to the motor vehicle—see section 84BC(4). (4) If the Magistrates' Court is satisfied that the suspension or disqualification was required by the regulations or this Part, the Court must confirm the suspension or disqualification. S. 46H(5) amended by No. 49/2019 s. 116(Sch. 1 item 92(c)). (5) In allowing an appeal under subsection (1) or (2), the Court may direct the Secretary— (a) to record the demerit points as required by the regulations; or (b) to correct the error made in the addition of the number of demerit points incurred by the appellant in a relevant period. (6) In dismissing an appeal under subsection (1) or (2), the Magistrates' Court may, if the suspension or disqualification has been stayed under section 46I, order that the suspension or disqualification take effect from a date specified in the order. S. 46H(7) amended by No. 49/2019 s. 116(Sch. 1 item 92(c)). (7) The Secretary must give effect to every decision of the Magistrates' Court on an appeal under this section. S. 46I inserted by No. 74/2013 s. 4.