22Award of demerit points on traffic infringement notice

### 22 Award of demerit points on traffic infringement notice > > (1)  Where a traffic infringement notice relating to a traffic offence that attracts demerit points has been served on the person alleged to have committed the offence and – > > > > > > (a) the notice has not been withdrawn; and > > > > > > > (b) [*\[Section 22 Subsection (1) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja41@GC2@Hpa@EN) the person is taken to have been convicted of that offence in accordance with [section 20 of the](/view/html/inforce/2026-04-12/act-2005-057#GS20@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057)  – > > > > the number of demerit points prescribed in respect of that offence is to be awarded against that person. > > > (2)  Where – > > > > > > (a) 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; and > > > > > > > (b) any such facts are stated in the traffic infringement notice; and > > > > > > > (c) [*\[Section 22 Subsection (2) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja41@GC2@Hpb@EN) the person is taken to have been convicted of that offence in accordance with [section 20 of the](/view/html/inforce/2026-04-12/act-2005-057#GS20@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057)  – > > > > the relevant facts are taken to have been established against the person alleged to have committed the offence and demerit points are to be awarded accordingly. > > > (3)  [*\[Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS6@Hpa@EN) [*\[Section 22 Subsection (3) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja41@GC2@Hpc@EN) [*\[Section 22 Subsection (3) amended by No. 68 of 2001, s. 6, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2001-068#GS6@Hpa@EN) If a traffic infringement notice relating to a red light offence, speeding offence, portable device offence, seatbelt offence or registration offence has been served on the person alleged to have committed the offence and – > > > > > > (a) [*\[Section 22 Subsection (3) amended by No. 68 of 2001, s. 6, Applied:01 Dec 2001\]*](/view/html/inforce/2001-12-01/act-2001-068#GS6@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 same offender; or > > > > > > > > > > > (ii) [*\[Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS6@Hpb@EN) in the case of a speeding offence, one of 2 or more speeding offences committed in succession by the same offender; or > > > > > > > > > > > (iii) [*\[Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS6@Hpc@EN) in the case of a portable device offence, one of 2 or more portable device offences committed in succession by the same offender; or > > > > > > > > > > > (iv) [*\[Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS6@Hpc@EN) in the case of a seatbelt offence, one of 2 or more seatbelt offences committed in succession by the same offender; or > > > > > > > > > > > (v) [*\[Section 22 Subsection (3) amended by No. 27 of 2022, s. 6, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS6@Hpc@EN) in the case of a registration offence, one of 2 or more registration offences committed in succession by the same offender; and > > > > > > > (b) the offences were detected by photographic detection devices; and > > > > > > > (c) at the time of the detection of the offence to which the notice relates, the offender had not been served with a traffic infringement notice or a summons for the earlier offence or offences – > > > > the offender may, on being taken to have been convicted of that offence in accordance with [section 20 of the](/view/html/inforce/2026-04-12/act-2005-057#GS20@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) , give the Commissioner of Police a written request setting out the circumstances of the case and asking the Commissioner to exercise the Commissioner's discretion under [subsection (4)](#GS22@Gs4@EN) in the offender's favour. > > > (4)  If the Commissioner of Police (or the Commissioner's delegate) is satisfied that the offender committed the offence to which the traffic infringement notice relates before being served with a traffic infringement notice or a summons for the earlier offence or offences, and that a direction under this subsection is warranted in the circumstances of the case, the Commissioner (or the Commissioner's delegate) may direct – > > > > > > (a) that no demerit points be awarded for the offence to which the traffic infringement notice relates; or > > > > > > > (b) if demerit points have already been recorded for the offence to which the traffic infringement notice relates – that the demerit points be deleted (and, in that case, the demerit points will be taken never to have been recorded).