In certain circumstances the Secretary is required to record demerit points against the responsible person in relation to the motor vehicle—see section 84BC(4).
2 In certain circumstances the Secretary is required to record demerit points against the responsible person in relation to the motor vehicle—see section 84BC(4).
If the Magistrates' Court is satisfied that the suspension or disqualification was required by the regulations or this Part, the Court must confirm the suspension or disqualification.
S. 46H(5) amended by No. 49/2019 s. 116(Sch. 1 item 92(c)).
In allowing an appeal under subsection (1) or (2), the Court may direct the Secretary—
to record the demerit points as required by the regulations; or
to correct the error made in the addition of the number of demerit points incurred by the appellant in a relevant period.
In dismissing an appeal under subsection (1) or (2), the Magistrates' Court may, if the suspension or disqualification has been stayed under section 46I, order that the suspension or disqualification take effect from a date specified in the order.
S. 46H(7) amended by No. 49/2019 s. 116(Sch. 1 item 92(c)).
The Secretary must give effect to every decision of the Magistrates' Court on an appeal under this section.
S. 46I inserted by No. 74/2013 s. 4.
This provision refers to the regulations (the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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