Suspension of driver licence or learner permit under this Division
42 Suspension of driver licence or learner permit under this Division
S. 42(1) amended by No. 49/2019 s. 116(Sch. 1 item 83(a)).
The suspension of a driver licence or learner permit under section 40(2) or (3) takes effect on and from the date determined by the Secretary and specified in the notice served under that section.
Note to s. 42(1) repealed by No. 68/2017 s. 59(1).
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S. 42(2) amended by No. 68/2017 s. 59(1), substituted by No. 68/2017 s. 63, amended by No. 49/2019 s. 116(Sch. 1 item 83(a)).
The suspension of a driver licence or learner permit under section 41(2) takes effect on and from the date determined by the Secretary and specified in the demerit point option notice served under section 36(1).
S. 42(2A) inserted by No. 68/2017 s. 59(2).
The suspension of a driver licence or learner permit under section 41A(1) or (3)—
S. 42(2A)(a) amended by No. 49/2019 s. 116(Sch. 1 item 83(a)).
takes effect on and from the date determined by the Secretary and specified in the notice served under section 41A(5); and
S. 42(2A)(b) amended by No. 49/2019 s. 116(Sch. 1 item 83(a)).
operates concurrently with the period for which the person's driver licence or learner permit is 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, or the period for which the person is disqualified from obtaining a driver licence or learner permit (as the case may be).
S. 42(3) amended by No. 49/2019 s. 116(Sch. 1 item 83(a)).
The Secretary may determine a date as the date on which a suspension under this Division takes effect even if the driver licence or learner permit is due to expire before that date.
The expiry of a driver licence or learner permit suspended under this Division does not affect the period of suspension.
S. 42(5) inserted by No. 68/2017 s. 59(3), amended by No. 49/2019 s. 116(Sch. 1 item 83(b)).
The Secretary may determine a date as the date on which a suspension under this Division takes effect even if on or before that date the 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.
Example to s. 42(5) amended by No. 49/2019 s. 116(Sch. 1 item 83(c)).
Example
A person who elects to extend the demerit point period has their driver licence suspended for 3 months for a driving offence that does not attract demerit points. The person had incurred 16 demerit points at the time of the demerit point option notice and, under section 40(2) faces an 8 month suspension under this Division. The Secretary may determine that the 8 month suspension under this Division takes effect on the same day as that on which the 3 month suspension takes effect, allowing the 2 suspensions to operate concurrently.
New s. 43 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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