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] .  .  .  .  .  .  .  .  

(4)  [Section 21 Subsection (4) amended by No. 27 of 2022, s. 5, Applied:23 Jun 2023] [Section 21 Subsection (4) amended by No. 68 of 2001, s. 5, Applied:01 Dec 2001] 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] 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] 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] 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) in the case of a seatbelt offence, one of 2 or more seatbelt offences committed in succession by the convicted person; or