38Suspension of licence—graffiti licence orders

#### 38 Suspension of licence—graffiti licence orders 38 Suspension of licence—graffiti licence orders (cf DL Act, s 16AB) > > (1) If a person who is subject to a graffiti licence order made under section 13C(1)(b) of the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100) incurs the same or more than the threshold number of demerit points (within the meaning of section 13E of that Act) applying to the person during the graffiti licence order period under the order, Transport for NSW must give the person a notice suspending all driver licences held by the person, commencing on a day specified in the notice, for a period that is equivalent to the graffiti licence order period. > > > > Note. > > > > At the commencement of this section, section 13E(2) of the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100) required a graffiti licence order to specify the threshold number of demerit points as 4 demerit points. > > > (2) On the commencement of the period of suspension referred to in subsection (1), all demerit points recorded in the NSW demerit points register against the person during the graffiti licence order period at the date of the notice, and taken into account for the purpose of the notice, are taken to be deleted. > > > (3) Nothing in subsection (2) affects any demerit points incurred by the person before the beginning of the graffiti licence order period and any such points are to be taken into account for the purposes of section 33(1) or 35(1) from the end of the suspension period. > > > (4) Nothing in subsection (2) prevents Transport for NSW from retaining records of deleted demerit points incurred by any person.