Road Transport Act 2013

The statutory rules may prescribe—

the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points, and

additional offences (relating to the driving or use of motor vehicles) created under a law of this jurisdiction for which demerit points may be incurred and the number of demerit points incurred for each offence.

Transport for NSW may, by notice published in the Gazette—

recognise offences (relating to the driving or use of motor vehicles) created under a law of this jurisdiction or another jurisdiction that are not on the national schedule of demerit points as being offences for which Transport for NSW will record demerit points against persons, and

specify the number of demerit points incurred for each of those offences.

Transport for NSW may, by notice published in the Gazette, revoke the recognition of an offence against subsection (2) or amend the number of demerit points specified for an offence. Any such revocation or amendment takes effect on the day the notice is published in the Gazette, or on such later day as may be specified in the notice.

A statutory rule or a notice under this section may specify different numbers of demerit points for the same offence in different circumstances (whether or not the offence is contained in the national schedule of demerit points).

An offence is taken to be recognised under this section on the day the notice is published in the Gazette or on such later day as may be specified in the notice.

A revocation or amendment under subsection (3) does not affect any demerit points incurred before the revocation or amendment takes effect.