sec.275Application of division

sec.275 Application of division

This division applies in relation to a person who holds an open licence or a provisional licence if— the person commits a demerit points offence or an interstate offence when there is no special hardship order in effect for the person; and a special hardship order is later made that applies to the person; and during the order period for the special hardship order, 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, division 1 would, but for section 263 (4) , apply in relation to the person under section 263 (1) or (2) .

• (a) the person commits a demerit points offence or an interstate offence when there is no special hardship order in effect for the person; and
• (b) a special hardship order is later made that applies to the person; and
• (c) during the order period for the special hardship order, 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, division 1 would, but for section 263 (4) , apply in relation to the person under section 263 (1) or (2) .
• (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 ;