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 –
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
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.
(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 theMonetary Penalties Enforcement Act 2005 , 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) 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).