21Award of demerit points on conviction

### 21 Award of demerit points on conviction > > (1)  Subject to this section, a court must, on convicting a person of a traffic offence attracting demerit points, award against the convicted person the number of demerit points prescribed in respect of that offence. > > > (2)  Where the number of demerit points prescribed in respect of an offence depends on facts that do not necessarily have to be established for a conviction for the offence, a court must, on convicting a person of the offence, declare such of those facts as it finds have been established on the trial of the person for the offence. > > > (3)  [*\[Section 21 Subsection (3) omitted by No. 69 of 2001, s. 11, Applied:10 Dec 2001\]*](/view/html/inforce/2001-12-10/act-2001-069#GS11@EN) .  .  .  .  .  .  .  .   > > > (4)  [*\[Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS5@Hpa@EN) [*\[Section 21 Subsection (4) amended by No. 68 of 2001, s. 5, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2001-068#GS5@Hpa@EN) If, on the conviction of a person for a red light offence, speeding offence, portable device offence, seatbelt offence or registration offence, the court is satisfied that – > > > > > > (a) [*\[Section 21 Subsection (4) amended by No. 68 of 2001, s. 5, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2001-068#GS5@Hpb@EN) the offence is – > > > > > > > > > > (i) in the case of a red light offence, one of 2 or more red light offences committed in succession by the convicted person; or > > > > > > > > > > > (ii) [*\[Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS5@Hpb@EN) in the case of a speeding offence, one of 2 or more speeding offences committed in succession by the convicted person; or > > > > > > > > > > > (iii) [*\[Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS5@Hpc@EN) in the case of a portable device offence, one of 2 or more portable device offences committed in succession by the convicted person; or > > > > > > > > > > > (iv) [*\[Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS5@Hpc@EN) in the case of a seatbelt offence, one of 2 or more seatbelt offences committed in succession by the convicted person; or > > > > > > > > > > > (v) [*\[Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS5@Hpc@EN) in the case of a registration offence, one of 2 or more registration offences committed in succession by the convicted person; and > > > > > > > (b) the offences were detected by photographic detection devices; and > > > > > > > (c) at the time of the detection of the offence for which the conviction has been recorded, the convicted person had not been served with a traffic infringement notice or a summons for the earlier offence or offences – > > > > the court may refrain from awarding demerit points for the offence. > > > (5)  The court may refrain from awarding demerit points or reduce the number of demerit points to be awarded against a convicted person if satisfied that it is just to do so because there are, in the circumstances of the case, special reasons for exercising the power conferred by this subsection.