Cancellation of suspension if service ineffective
43 Cancellation of suspension if service ineffective
The service of a demerit point option notice or a notice under section 40(2)(b) or (3)(b) is not a condition precedent to a suspension under this Division taking effect.
S. 43(2) amended by Nos 5/2016 s. 36(Sch. 1 item 18), 49/2019 s. 116(Sch. 1 item 84).
Despite subsection (1), if at any time after the period of 7 days after the date of issue of the notice the Secretary is satisfied that the holder of the driver licence or learner permit has not been served with the notice, the Secretary must—
cancel the suspension with effect from the date on which it took effect; and
determine another effective date; and
serve on the person another demerit point option notice or a notice under section 40(2)(b) or (3)(b) (as the case requires) specifying the date determined under paragraph (b).
Subsection (2) does not apply if—
a person is charged with an offence against section 30 for driving while a suspension under this Division is in effect; and
S. 43(3)(b) amended by No. 5/2016 s. 36(Sch. 1 item 18).
he or she is found not guilty on the grounds that he or she was not aware at the relevant time that his or her driver licence or learner permit had been suspended.
Note
In the circumstances set out in this subsection, it is still open to a court under section 30A to order that the person serve an additional period of suspension of up to the period specified in section 30A(3).
New s. 44 inserted by No. 74/2013 s. 4, amended by No. 5/2016 s. 36(Sch. 1 item 19), substituted by No. 68/2017 s. 60.
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