Western Australian Current Acts Western Australian Current Acts (1) In this Part
—
current demerit points means demerit points that
have been recorded in the demerit points register and have not expired or been
cancelled;
dealt with by infringement notice has the meaning
given in subsection (1A);
demerit point action means the action described in
section 47;
demerit point offence means —
(a) an
offence under a road law that the regulations prescribe as a demerit point
offence in WA; or
(b) an
offence under the law of another jurisdiction that is specified in the
national demerit point offence schedule;
demerit point offence in WA means an offence under
a road law that the regulations prescribe as a demerit point offence in WA;
demerit points register means the register that
section 56 requires the CEO to maintain;
demerit point registry jurisdiction for a person
means the jurisdiction identified by section 43;
excessive demerit points notice means an excessive
demerit points notice under section 49(1);
excessive demerit points (novice driver) notice
means an excessive demerit points (novice driver) notice under section 50(2);
infringement notice means a notice issued to a
person —
(a)
under the Road Traffic (Administration) Act 2008 ; or
(b)
under a law of another jurisdiction,
alleging the commission of a demerit point offence
and offering the person an opportunity, by paying an amount of money, to have
the matter dealt with out of court;
national demerit point offence means —
(a) an
offence under a road law; or
(b) an
offence under the law of another jurisdiction,
that is specified in the national demerit point
offence schedule;
national demerit point offence schedule means the
national demerit point offence schedule referred to in section 42;
novice driver has the meaning given in subsection
(2);
novice driver (type 1) means a novice driver who
is not a novice driver (type 2);
novice driver (type 2) means a novice driver who
has, for a period of at least 1 year or periods adding up to at least 1 year,
held —
(a) an
Australian driver licence; or
(b) a
licence or other authorisation granted to the person by an external licensing
authority authorising the person to drive a motor vehicle other than solely
for the purpose of learning to drive it;
section 51 election means an election under
section 51(1);
section 51 election period means the period for
which a section 51 election applies under section 51(5) and includes the
period as reinstated under regulations under section 52(8)(b).
(1A) For the purposes
of this Part, an alleged demerit point offence for which an infringement
notice is issued is dealt with by infringement notice —
(a) if
the infringement notice is issued under a law of another jurisdiction —
the first time the matter is dealt with in a way that the regulations specify
is to be treated as having been dealt with by infringement notice; or
(b) if
the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3
applies to the infringement notice — the first time 1 of the following
events occurs —
(i)
an amount is paid under the infringement notice
(regardless of whether it is the full amount and regardless of whether a final
demand has been issued in relation to the infringement notice under the
Fines, Penalties and Infringement Notices Enforcement Act 1994 section 14);
(ii)
an order to pay or elect is issued in relation to the
infringement notice under the
Fines, Penalties and Infringement Notices Enforcement Act 1994 section 17;
or
(c)
otherwise — when an amount is paid under the infringement notice
(regardless of whether it is the full amount).
(1B) Subsection (1A)
applies even if a payment referred to in subsection (1A)(b)(i) or (c), or in
regulations made for the purposes of subsection (1A)(a), is made by means of a
dishonoured payment as defined in the
Fines, Penalties and Infringement Notices Enforcement Act 1994 section 3(1).
(2) For the purposes
of this Part a person is a novice driver unless the person has, for a period
of at least 2 years or periods adding up to at least 2 years, held —
(a) an
Australian driver licence; or
(b) a
licence or other authorisation granted to the person by an external licensing
authority authorising the person to drive a motor vehicle other than solely
for the purpose of learning to drive it.
(3) When deciding
whether a person is a novice driver, or which type of novice driver a person
is, a period for which the person held an Australian driver licence or other
authorisation is to be regarded as not including any period for which the
person, although holding an Australian driver licence or other authorisation,
was excluded by law from driving under that authorisation.
[Section 40 amended: No. 15 of 2024 s. 75.]