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 licence has 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 lodged an appeal in relation to the licence suspension or licence ineligibility—on the determination of the appeal.

Demerit points that are taken not to be deleted in the circumstances referred to in subsection (1) are to be taken into account for the purposes of sections 40(1) and 41(1) from the end of the period of licence suspension or period of licence ineligibility, as the case may be.

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