sec.271Application of division

sec.271 Application of division

This division applies in relation to a person who holds an open licence if— the person commits a demerit points offence or an interstate offence when there is no section 79E order in effect for the person; and a section 79E order is later made that applies to the person; and after the section 79E order is made but before the relevant charge for the person’s suspended licence, in relation to which the section 79E order was made, is dealt with by a court or withdrawn or otherwise discontinued, 1 of the following happens— the person is convicted of the demerit points offence or interstate offence; an order is made against the person for the demerit points offence under the State Penalties Enforcement Act 1999 , section 38 ; an order is made against the person for the interstate offence under a corresponding law to the State Penalties Enforcement Act 1999 , section 38 ; and because of the conviction or order mentioned in paragraph (c) , demerit points are recorded on the person’s traffic history for the demerit points offence or interstate offence; and because of the recording of the demerit points for the demerit points offence or interstate offence, 12 or more demerit points are recorded on the person’s traffic history; and the demerit points were allocated in a continuous 3-year period.

• (a) the person commits a demerit points offence or an interstate offence when there is no section 79E order in effect for the person; and
• (b) a section 79E order is later made that applies to the person; and
• (c) after the section 79E order is made but before the relevant charge for the person’s suspended licence, in relation to which the section 79E order was made, is dealt with by a court or withdrawn or otherwise discontinued, 1 of the following happens— (i) the person is convicted of the demerit points offence or interstate offence; (ii) an order is made against the person for the demerit points offence under the State Penalties Enforcement Act 1999 , section 38 ; (iii) an order is made against the person for the interstate offence under a corresponding law to the State Penalties Enforcement Act 1999 , section 38 ; and
• (i) the person is convicted of the demerit points offence or interstate offence;
• (ii) an order is made against the person for the demerit points offence under the State Penalties Enforcement Act 1999 , section 38 ;
• (iii) an order is made against the person for the interstate offence under a corresponding law to the State Penalties Enforcement Act 1999 , section 38 ; and
• (d) because of the conviction or order mentioned in paragraph (c) , demerit points are recorded on the person’s traffic history for the demerit points offence or interstate offence; and
• (e) because of the recording of the demerit points for the demerit points offence or interstate offence, 12 or more demerit points are recorded on the person’s traffic history; and