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Road Transport (General) Act 1999
42Demerit points offences—suspension of registration etc
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42 Demerit points offences—suspension of registration etc
(a) a corporation is the registered operator of a motor vehicle; and
(b) an infringement notice has been served on the corporation by an
authorised person for a demerit points offence involving the
motor vehicle; and
(c) the infringement notice has not been withdrawn; and
(d) the corporation has failed to take all reasonable steps to assist
the administering authority to identify and locate the individual
who was in possession or control of the motor vehicle at the time
of the demerit points offence; and
(e) in relation to at least 1 previous demerit points offence involving
a corporation’s motor vehicle, the corporation failed to take all
reasonable steps to assist the administering authority to identify
and locate the individual who was in possession or control of the
motor vehicle at the time of that demerit points offence.
(a) send the corporation a written notice (a suspension warning
notice) containing the following information:
(i) the particulars of the demerit points offence, including the
infringement notice penalty for the offence and the
additional penalty stated in the reminder notice (if any),
and the infringement notice and reminder notice (if any)
for the offence, to which the suspension warning notice
relates;
(ii) a statement to the effect that if the corporation continues to
fail to take all reasonable steps to assist the administering
authority to identify and locate the individual who was in
possession or control of the corporation’s motor vehicle
involved in the offence by a stated date (the suspension
date), the authority will take suspension action on the
suspension date;
(iii) any information prescribed by regulation;
(iv) any other information the road transport authority
considers appropriate; and
(b) if in response to the suspension warning notice, the corporation
fails to take all reasonable steps to assist the administering
authority to identify and locate the individual who was in
possession or control of the corporation’s motor vehicle
involved in the offence, before the suspension date—take the
following action (the suspension action) on the suspension date:
(i) if the motor vehicle involved in the offence is registered in
the ACT—suspend the vehicle’s registration;
(ii) if the motor vehicle involved in the offence is registered in
another jurisdiction—suspend the right of everyone to
drive the motor vehicle in the ACT;
(iii) if the corporation has sold, transferred or otherwise
disposed of its interest in the motor vehicle involved in the
(A) suspend the registration of another of the
corporation’s vehicles (the other motor vehicle); or
(B) if the other motor vehicle is registered in another
jurisdiction—suspend the right of everyone to drive
the other motor vehicle in the ACT.
(3) The suspension date must be at least 10 days after the suspension
warning notice is sent to the corporation.
(4) If the road transport authority takes suspension action, the authority
must send the corporation a notice (a suspension confirmation
notice) including statements about the following:
(a) the suspension date;
(b) the action taken on the suspension date;
(c) when the suspension ends;
(d) any information prescribed by regulation;
(e) any other information the road transport authority considers
(5) The suspension action takes effect—
(a) on the suspension date; or
(b) if any other suspension action has been taken against the
corporation under another provision of the road transport
legislation—when that other suspension action ends.
(6) A suspension ends on the earliest of the following:
(a) 6 months after the day the suspension action takes effect;
(b) the day the corporation gives the administering authority the
information it needs to identify and locate the individual who
was in possession or control of the corporation’s motor vehicle
at the time of the demerit points offence;
(c) the day the registration of the corporation’s motor vehicle is
transferred under the Road Transport (Vehicle Registration)
Act 1999 to another person and the corporation no longer has
any interest in the motor vehicle.