New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 144C

144C Committing demerit offence

(1) For the purposes of this Part, a person commits a demerit offence if the act or circumstance giving rise to the offence occurred or existed on or after the commencement of this Part and--

(a) a court convicts the person for the offence, whether or not it imposes any penalty, or

(b) an amount is paid under a penalty notice in relation to the offence, or

(c) a penalty notice enforcement order under the Fines Act 1996 is made against the person in respect of the offence.

(2) However, any demerit point under this Part that is based on the conviction, penalty notice or penalty notice enforcement order is revoked and any remedial action taken as the result of the demerit point ceases to have effect if--

(a) the conviction is overturned on appeal, or

(b) the person elects, after an amount is paid under the penalty notice, to have the offence dealt with by a court, or

(c) the penalty notice, or the penalty notice enforcement order to the extent that it applies to the penalty notice, is withdrawn or annulled.

(3) Demerit offences committed in relation to a particular licence or licensed premises are taken, for the purposes of this part, to be a single demerit offence if the acts or circumstances giving rise to the offences occurred or existed within a single 24-hour period.