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ROAD TRANSPORT ACT 2013 - SECT 31
NSW demerit points register
31 NSW demerit points register
(cf DL Act, s 14)
(1) Transport for NSW is to maintain a register of demerit
points (the
"NSW demerit points register" ) in accordance with this Chapter and
the statutory rules.
(2) Transport for NSW is to record, in the
NSW demerit points register, against a person the number of demerit points
specified in the statutory rules if- (a) the person is convicted of an offence
specified in the national schedule of demerit points or any other offence
specified in the statutory rules, or recognised, under section 32, or
(b) the
person pays the whole or any part of the penalty specified in a penalty notice
issued to the person in respect of the offence, or
(c) the person has not
paid the penalty specified in a penalty notice issued to the person in respect
of the offence, the person has not elected to have the matter dealt with by a
court and the time for the person to have the matter so dealt with has lapsed.
(3) Demerit points incurred by a person for an offence for which demerit
points may be incurred under this Chapter or the statutory rules are to be
recorded in the NSW demerit points register in respect of the day on which the
offence was committed.
(4) To avoid doubt, Transport for NSW is not to record
demerit points against a person under this Division in respect of an offence
if the court makes an order under section 10 of the
Crimes (Sentencing Procedure) Act 1999 in respect of the offence.
(5) Without
limiting this section, Transport for NSW- (a) may change the
NSW demerit points register to correct a mistake, error or omission in the
register, subject to the requirements of the statutory rules, and
(b) must
change the NSW demerit points register if required under section 32A.
Note-:
If the holder of a driver licence issued by another driver licensing authority
commits an offence in this jurisdiction that warrants demerit points,
Transport for NSW must transmit all relevant information about the offence to
the other authority (see section 29(3)).
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