Western Australian Current Acts

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ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008 - SECT 44

44 .         Demerit point action after conviction

        (1)         Demerit point action is to be taken against a person for whom this State is the demerit point registry jurisdiction if the CEO becomes aware that the person has been convicted of an offence under a road law or the law of another jurisdiction that is a demerit point offence.

        (2)         Demerit point action is to be taken against a person for whom another jurisdiction is the demerit point registry jurisdiction if the CEO becomes aware that the person has been convicted of an offence under a road law that is a demerit point offence.

        (3)         If, because of the conviction, the person was disqualified by a court or by operation of law from holding or obtaining a licence, this section does not require demerit point action to be taken.

        (4)         For the purposes of subsection (3), disqualification because the person failed to pay a fine imposed for the offence is not to be taken to be because of the conviction.

        (5)         For the purposes of subsection (3), a person is to be taken to be disqualified from holding or obtaining a licence during any time for which —

            (a)         under the law of this State —

                  (i)         the person is disqualified from holding or obtaining a driver’s licence; or

                  (ii)         a driver’s licence held by the person is suspended;

                or

            (b)         under the law of another jurisdiction —

                  (i)         the person is disqualified from holding or obtaining an Australian driver licence granted under the law of that jurisdiction; or

                  (ii)         an Australian driver licence granted to that person under the law of that jurisdiction is suspended.



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