Victorian Current Acts Victorian Current ActsS. 41A(1) amended by No. 49/2019 s. 116(Sch. 1 item 82(a)).
(1) The Secretary must suspend under this Division, for the period calculated in accordance with subsection (2), a person's driver licence or learner permit that is cancelled or suspended by the Secretary under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act if—
(a) that driver licence or learner permit—
(i) is a full driver licence; or
(ii) is a learner permit or probationary driver licence and the person also holds, or has held, a full driver licence; and
(b) the person incurs 12 or more demerit points within any 3 year period.
(2) For the purposes of subsection (1), the period for which a person's driver licence or learner permit must be suspended is as follows—
(a) 3 months; and
S. 41A(2)(b) amended by No. 41/2020 s. 36(1).
(b) an additional one month for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the notice of suspension under subsection (5).
S. 41A(3) amended by No. 49/2019 s. 116(Sch. 1 item 82(a)).
(3) The Secretary must suspend under this Division, for the period calculated in accordance with subsection (4), a person's driver licence or learner permit that is cancelled or suspended by the Secretary under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act if—
(a) that driver licence or learner permit is a learner permit or probationary driver licence and the person does not hold, and has never held, a full driver licence; and
(b) the person incurs—
(i) 5 or more demerit points within any 12 month period; or
(ii) 12 or more demerit points within any 3 year period.
(4) For the purposes of subsection (3), the period for which a person's driver licence or learner permit must be suspended is as follows—
(a) if the person incurred 12 or more demerit points within a 3 year period but not 5 or more within a 12 month period—
(i) 3 months; and
S. 41A(4)(a)(ii) amended by No. 41/2020 s. 36(2)(a).
(ii) an additional one month for each 4 demerit points in excess of the 12 recorded against the person as at the date of issue of the notice of suspension under subsection (5); or
(b) if the person incurred 5 or more demerit points within a 12 month period—
(i) 3 months; and
S. 41A(4)(b)(ii) amended by No. 41/2020 s. 36(2)(b).
(ii) an additional one month for each 4 demerit points in excess of the 5 recorded against the person as at the date of issue of the notice of suspension under subsection (5).
S. 41A(5) amended by No. 49/2019 s. 116(Sch. 1 item 82(a)).
(5) If the Secretary suspends a person's driver licence or learner permit under this section, the Secretary must serve on the person a notice containing the prescribed particulars and specifying the date on which the suspension takes effect.
S. 41A(6) amended by Nos 49/2019 s. 116(Sch. 1 item 82(b)), 41/2020 s. 36(3).
(6) When calculating demerit points recorded against the person at any time after the end of the period of suspension, the Secretary must disregard all the demerit points recorded against the person as at the date of issue of the notice of suspension under subsection (5).
New s. 42 inserted by No. 74/2013 s. 4.