137ADemerit points—effect of withdrawal of infringement

137A Demerit points—effect of withdrawal of infringement notice (1) This section applies in relation to a person if— (a) an infringement notice for a demerit points offence is served on the person; and (b) demerit points for the offence are recorded against the person in the demerit points register under the Act, section 13A (1) (b), (c), (d) or (e) (Recording of demerit points); and (c) the infringement notice is withdrawn. (2) The demerit points are taken, for all purposes, never to have been recorded against the person and the road transport authority must delete them from the register. (3) Without limiting subsection (2), if any of the following happened because of the recording of the demerit points against the person, they are taken, by force of that subsection, never to have happened in relation to the person: (a) the sending of a warning notice under the Act, section 15; (b) the refusal of an application for a licence under the Act, section 17; (c) the service of a notice of ineligibility to obtain a driver licence, or a period of such ineligibility or disqualification, under the Act, section 20;

(d) the service of a notice of licence suspension, or a licence suspension, under the Act, section 18, section 19 or section 21 or under this part; (e) the making of an election to be of good behaviour under the Act, section 19 or section 21; (f) the service of a notice of additional provisional class suspension under section 128 (Notice of suspension of additional provisional class); (g) the service of a notice of licence cancellation, or a licence cancellation, under section 130 (Demerit points incurred by restricted licence holders) or section 133 (Notice of licence cancellation for demerit points incurred by probationary licence holders); (h) the deletion of the demerit points from the demerit points register because of something mentioned in paragraphs (a) to (g). (4) Also without limiting subsection (2), if, immediately before the withdrawal of the infringement notice, the person is subject to a period of licence ineligibility, disqualification, good behaviour or licence suspension (the designated period), or the person’s licence has been cancelled, because of the recording of the demerit points in the demerit points register, the designated period or cancellation ends by force of that subsection. (5) Subsection (2) does not prevent the road transport authority keeping records of the demerit points deleted under subsection (2) or anything mentioned in subsection (3) or (4). (6) To remove any doubt, subsection (5) is subject to subsection (2).

Demerit points—general Division 8.6