(1) For the purposes of section 35(3)(c) of the Act, the Secretary must cancel from the Demerits Register—
(a) the appropriate number of demerit points against a person for a relevant event, if duly notified that the circumstances under regulation 73 or 74 no longer apply to the relevant event; or
(b) all demerit points which have not been the subject of a demerit point option notice referred to in section 36 of the Act or a driving suspension notice referred to in section 41A of the Act or a driving disqualification notice referred to in section 46A of the Act, after 4 years have elapsed since those demerit points were recorded on the Demerits Register.
Reg. 78(2) inserted by S.R. No. 9/2023 reg. 5.
(2) Subregulation (1)(a) does not apply if the enforcement of the infringement fine for the infringement notice served on the person is cancelled under section 37(1)(b) of the Fines Reform Act 2014 on an application for an enforcement review made on the basis of section 32(1)(b) of that Act.
Pt 3 Div. 2 (Heading) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 60).
Division 2—Variation, suspension and cancellation by the Secretary