Victorian Consolidated Regulations

ROAD SAFETY (DRIVERS) REGULATIONS 2019 - REG 74

Reg. 74(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 56(a)).

    (1)     For the purposes of section 35(3) of the Act, the Secretary must record in the Demerits Register the appropriate number of demerit points against a person if the Secretary is duly notified that—

        (a)     the person has been convicted, or found guilty, of a relevant interstate offence; or

        (b)     the penalty specified in an infringement notice, penalty notice, expiation notice or similar notice issued to the person in relation to a relevant interstate offence has been paid; or

        (c)     an infringement notice, penalty notice, expiation notice or similar notice issued to the person in relation to a relevant interstate offence has taken effect as a conviction under an Act of another jurisdiction; or

        (d)     an action equivalent to the following that has not been reversed has been taken against the person in relation to a relevant interstate offence—

              (i)     the service of a notice of final demand on the person under section 23 of the Fines Reform Act 2014 ;

              (ii)     the making of an enforcement order under Schedule 3 to the Children, Youth and Families Act 2005 ; or

        (e)     a proceeding against the person for a relevant interstate offence has been adjourned under a provision of an Act of another jurisdiction that is the equivalent of section 59(2) of the  Criminal Procedure Act 2009 or section 356D(1) of the Children, Youth and Families Act 2005 .

Reg. 74(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 56(b)).

    (2)     The Secretary must not record demerit points against a person in the Demerits Register under subregulation (1) if more than 12 months have elapsed since the Secretary was duly notified of a relevant event.