23Recording of demerit points

### 23 Recording of demerit points > > (1)  If – > > > > > > (a) a Tasmanian court awards demerit points in respect of a traffic offence that attracts demerit points; or > > > > > > > (b) demerit points are to be awarded following the service of a traffic infringement notice; or > > > > > > > (c) the Registrar is notified by a driver licensing authority under a corresponding law that a person who holds a driver licence under this Act, or a person who does not hold an Australian driver licence but is a resident of Tasmania – > > > > > > > > > > (i) has been convicted by a court, in the jurisdiction of the corresponding law, of an offence in respect of which demerit points are prescribed in the national schedule of demerit points or the schedule of recognised interstate demerit points offences; or > > > > > > > > > > > (ii) has committed such an offence in the jurisdiction of the corresponding law and has been dealt with under a procedure corresponding to the traffic infringement notice procedure – > > > > the Registrar must record or transmit the relevant information as required in this section. > > > (2)  The relevant information is – > > > > > > (a) the name and address of the offender; and > > > > > > > (b) the nature of the offence and the date of its commission; and > > > > > > > (c) whether the offence was dealt with by a court or a traffic infringement notice or a similar procedure under the law of another jurisdiction. > > > (3)  Demerit points awarded by a court on conviction are not to be recorded, and information is not to be transmitted, under this section until – > > > > > > (a) the time for appealing against the conviction has passed; or > > > > > > > (b) if there is an appeal – the appeal is determined, withdrawn or discontinued. > > > (4)  Information is to be recorded or transmitted as follows: > > > > > > (a) [*\[Section 23 Subsection (4) amended by No. 56 of 2001, s. 4, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-056#GS4@EN) if the person holds a driver licence under this Act (or is a resident of Tasmania who does not hold an Australian driver licence)– the Registrar must record the date of commission of the offence, and the number of demerit points awarded, in the demerit points register; > > > > > > > (b) if the person holds an Australian driver licence issued under the corresponding law of another State or a Territory (or is a resident of another State or a Territory who does not hold an Australian driver licence) – the Registrar must, as soon as practicable, transmit the relevant information to the driver licensing authority for the relevant State or Territory. > > > (5)  Demerit points are taken to have been recorded in the demerit points register on the date of commission of the offence to which they relate. > > > (6)  Demerit points are to be recorded in the demerit points register even though the person who has incurred the demerit points, and against whom they are to be recorded, does not hold (or has never held) an Australian driver licence. > > > (7)  For the purpose of calculating the aggregate number of demerit points recorded against the holder of a driver licence or a person who has held, but not longer holds, a driver licence, it is immaterial whether the demerit points were incurred during the currency of the licence or during a period when the person did not hold a driver licence.