New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 32A

32A Demerit points reduction trial

(1) Transport for NSW must, as soon as practicable after the end of the trial period, reduce the number of demerit points recorded in the NSW demerit points register against an eligible person by 1 point if--

(a) during the 3 years preceding the start of the trial period, demerit points were recorded in the register against the eligible person, and

(b) during the trial period, the eligible person did not commit a relevant offence, and

(c) at the end of the trial period, demerit points were recorded in the register against the eligible person.

(2) In this section--

"eligible person" --

(a) means a person who held an unrestricted driver licence for the duration of the trial period, and

(b) includes a person--

(i) whose unrestricted driver licence was suspended or cancelled, or whose application to renew the licence was refused on medical grounds, during the trial period, or

(ii) whose unrestricted driver licence was suspended, or whose application to renew the licence was refused, during the trial period, for a failure to pay a fine or other penalty if the total period of the suspension, or period in which the application to renew the licence was refused, was less than 3 months, or

(iii) whose unrestricted driver licence was expired during the trial period for a period of less than 6 months before being renewed, or

(iv) whose unrestricted driver licence was suspended during the trial period by the Commissioner of Police or another police officer if--

(A) the charge that resulted in the suspension was withdrawn, or

(B) a decision was made not to enforce the penalty notice that resulted in the suspension.

"relevant offence" --

(a) means an offence --

(i) which Transport for NSW must record in the NSW demerit points register under section 32(1), or

(ii) as a result of which a person is disqualified from holding or obtaining a driver licence, or

(iii) against section 53, and

(b) includes an offence of a kind mentioned in paragraph (a), including one which would incur a disqualification period if the driver were convicted, in relation to which the court makes an order under the Crimes (Sentencing Procedure) Act 1999 , section 10.

"trial period" means--

(a) the period prescribed by the statutory rules, or

(b) if a period is not prescribed under paragraph (a)--the period starting on 17 January 2023 and ending on 16 January 2024.

(3) This section and section 31(5)(b) expire on the later of the following--

(a) 31 January 2025,

(b) a date prescribed by the statutory rules.