78Cancellation of demerit points

78 Cancellation of demerit points

(1) For the purposes of section 35(3)(c) of the Act, the Secretary must cancel from the Demerits Register—

(a) the appropriate number of demerit points against a person for a relevant event, if duly notified that the circumstances under regulation 73 or 74 no longer apply to the relevant event; or

(b) all demerit points which have not been the subject of a demerit point option notice referred to in section 36 of the Act or a driving suspension notice referred to in section 41A of the Act or a driving disqualification notice referred to in section 46A of the Act, after 4 years have elapsed since those demerit points were recorded on the Demerits Register.

Reg. 78(2) inserted by S.R. No. 9/2023 reg. 5.

(2) Subregulation (1)(a) does not apply if the enforcement of the infringement fine for the infringement notice served on the person is cancelled under section 37(1)(b) of the Fines Reform Act 2014 on an application for an enforcement review made on the basis of section 32(1)(b) of that Act.

Pt 3 Div. 2 (Heading) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 60).

Division 2—Variation, suspension and cancellation by the Secretary

79 Variation, suspension or cancellation of driver licence or learner permit on the grounds that the person is not suitable to drive

Reg. 79(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 61(a)).

(1) The Secretary must vary, suspend or cancel the driver licence or learner permit of a person who is required by the Secretary under section 27 of the Act to undergo a test or assessment in relation to their knowledge of road law or driving ability if the person—

(a) refuses or fails to undergo the test or assessment; or

(b) does not pass the test or assessment.

Reg. 79(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 61(b)).

(2) A person whose driver licence or learner permit is cancelled under subregulation (1) is disqualified from obtaining a driver licence or learner permit until the person passes the test or assessment required by the Secretary under section 27 of the Act.

80 Variation, suspension or cancellation of driver licence or learner permit on the grounds that the person is unfit to drive or that it is dangerous for the person to drive

Reg. 80(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 62(a)).

(1) The Secretary must vary, suspend or cancel a person's driver licence or learner permit if, based on the results of a test or assessment required by the Secretary under section 27 of the Act or a report from a registered medical practitioner, the Secretary believes it would be dangerous for the person to drive a motor vehicle, or a category of motor vehicle, because of any illness, disability, medical condition or injury, or because of the effects of the treatment for any of those things, that may impair the person's ability to drive safely.