Queensland Consolidated Acts

STATE PENALTIES ENFORCEMENT ACT 1999 - SECT 31

31 Effect of cancellation of infringement notice

(1) This section applies if an infringement notice is withdrawn under section 28 or cancelled under section 30 .

(2) If, because of the infringement notice, demerit points have been allocated against the alleged offender for an infringement notice offence under the Nature Conservation Act 1992 or another law, prescribed under a regulation, that provides for the allocation of demerit points—

(a) the demerit points for the offence are cancelled; and

(b) the relevant administering authority must make a note on any record it keeps in relation to the person clearly indicating that the demerit points allocated against the person have been cancelled.

(3) Without limiting subsection (2) , if, because of the infringement notice, demerit points have been allocated against the alleged offender’s traffic history for an infringement notice offence under the Transport Operations (Road Use Management) Act 1995 or the Heavy Vehicle National Law (Queensland) —

(a) the demerit points for the offence are cancelled; and

(b) the chief executive of the department within which the Transport Operations (Road Use Management) Act 1995 is administered must remove the record of the allocation of the demerit points from the alleged offender’s traffic history.

(4) Further, if, because of the infringement notice, a licence, permit or other authority has been suspended or cancelled, the suspension or cancellation stops having effect, unless the person’s licence, permit or authority would still be suspended, cancelled or no longer in force for another reason.