50When demerit points are incurred

50 When demerit points are incurred

(1) The holder of a permit incurs demerit points in relation to an offence against section 72TG of the Act if: (a) the holder, or a person who is, or was, in the Woomera Prohibited Area under the permit, is given an infringement notice in relation to the offence and pays (in whole or in part) the penalty specified in the notice; or (b) the holder, or a person who is, or was, in the Woomera Prohibited Area under the permit, is convicted or found guilty of the offence. (2) The number of demerit points incurred is as follows: (a) if the offence involves a failure to comply with the condition specified in paragraph 29(4)(d)—1 demerit point; (b) if the offence involves a failure to comply with the condition specified in subparagraph 31(2)(b)(ii)—2 demerit points; (c) if the offence involves a failure to comply with a condition specified in paragraph 29(3)(a), (c), (g) or (h) or paragraph 29(4)(b)—4 demerit points; (d) if the offence involves a failure to comply with a condition specified in paragraph 29(2)(a), (b) or (c), 29(3)(b), (d), (e) or (f), 29(4)(a), (c) or (e), 31(2)(a), subparagraph 31(2)(b)(i) or (iii) or section 35, 36 or 37—5 demerit points. (3) If: (a) the Secretary withdraws an infringement notice given to the holder of a permit; and (b) the holder has incurred demerit points as a result of the giving of the notice; the holder is, upon the withdrawal of the notice, taken never to have incurred the demerit points.