Road Transport Act 2013

All demerit points recorded in the NSW demerit points register against a person at the date of a notice of licence suspension or notice of licence ineligibility given to the person under this Division (and taken into account for the purposes of the notice) are taken to be deleted—

if the person’s driver licences have been suspended under this Division—on the commencement of the period of suspension, or

if the person has become ineligible under this Division to be issued with, and to apply for, a driver licence—on the commencement of the period of licence ineligibility, or

if the person has elected to be of good behaviour as an alternative to undergoing suspension or licence ineligibility—on the commencement of the period of good behaviour.

If the period of suspension specified in the notice of licence suspension is determined in accordance with section 36(4), a reference in subsection (1) to the demerit points recorded in the NSW demerit points register against the person concerned at the date of the notice is a reference to the demerit points recorded at that date that have been taken into account in the notice.

Despite subsection (1), demerit points incurred by a person in any of the following circumstances are not taken to be deleted under this section—

demerit points incurred after the person is served with a notice of licence suspension but before the suspension begins,

demerit points incurred after the person is served with a notice of licence ineligibility but before the licence ineligibility takes effect,

if the person has elected to be of good behaviour as an alternative to undergoing suspension or licence ineligibility—demerit points incurred after the person is served with the notice of licence suspension or notice of licence ineligibility (as the case may be) and before the 12 months’ period of good behaviour begins.

Demerit points that are taken not to be deleted in the circumstances referred to in subsection (3) are to be taken into account for the purposes of sections 33(1) and 35(1) from the end of the period of licence suspension, period of licence ineligibility or period of good behaviour (as the case may be).

Nothing in this section prevents Transport for NSW from retaining records of deleted demerit points incurred by any person.