Demerit point option notice

In force

S. 36(1) amended by No. 49/2019 s. 116(Sch. 1 item 76(a)).

(1)

The Secretary must serve a notice (a demerit point option notice) on—

S. 36(1)(a) amended by No. 5/2016 s. 38(1).

(a)

the holder of a full driver licence or the holder of a learner permit or probationary driver licence who also holds, or has held, a full driver licence if he or she incurs 12 or more demerit points within any 3 year period; and

(b)

the holder of a learner permit or probationary driver licence who does not hold, and has never held, a full driver licence if he or she incurs—

(i)

5 or more demerit points within any 12 month period; or

(ii)

12 or more demerit points within any 3 year period.

S. 36(1A) inserted by No. 68/2017 s. 54(1), amended by No. 49/2019 s. 116(Sch. 1 item 76(a)).

(1A)

For the purposes of subsection (1), if a person's driver licence or learner permit is cancelled or suspended by the Secretary under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act, the person is taken not to be the holder of that driver licence or learner permit.

Note to s. 36(1A) amended by No. 49/2019 s. 116(Sch. 1 item 76(b)).

Note

If a person to whom subsection (1A) applies has incurred the relevant number of demerit points referred to in subsection (1), the person does not have the option of extending the demerit point period and the Secretary must suspend the person's driver licence or learner permit under this Division. See section 41A.

(2)

In addition to containing the prescribed particulars, the notice must—

(a)

state that the person may elect to extend the demerit point period; and

(b)

specify the date on which the extended demerit point period will commence if the person elects to extend the demerit point period; and

S. 36(2)(c) amended by No. 49/2019 s. 116(Sch. 1 item 76(c)).

(c)

state that if, within 21 days after the date of the service of the notice, the person does not elect to extend the demerit point period, the Secretary may suspend the person's driver licence or learner permit in accordance with section 41; and

(d)

specify the date from which the suspension under section 41 will take effect if the person does not elect to extend the demerit point period.

S. 36(3) amended by No. 49/2019 s. 116(Sch. 1 item 76(c)).

(3)

The Secretary may specify a date as the date on which an extended demerit point period commences even if the driver licence or learner permit is due to expire before that date.

S. 36(4) amended by No. 49/2019 ss 116(Sch. 1 item 76(d)), 121(c).

(4)

If the Secretary is aware that—

(a)

a person is subject to an extended demerit point period in relation to another demerit point option notice; or

S. 36(4)(b) substituted by No. 68/2017 s. 54(2), amended by No. 49/2019 s. 121(a).

(b)

a person's driver licence or learner permit is suspended under this Division—

S. 36(4)(c) substituted by No. 68/2017 s. 54(2), repealed by No. 49/2019 s. 121(b).

* * * * *

the Secretary may postpone sending the demerit point option notice to the person until after the extended demerit point period or the period of suspension (as the case may be) has ended.

New s. 37 inserted by No. 74/2013 s. 4.

Regulations

This provision refers to the regulations (the regulations, prescribed particulars). 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.

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36 Demerit point option notice