New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 31

31 NSW demerit points register

(cf DL Act, s 14)

(1) Transport for NSW is to maintain a register of demerit points (the
"NSW demerit points register" ) in accordance with this Chapter and the statutory rules.

(2) Transport for NSW is to record, in the NSW demerit points register, against a person the number of demerit points specified in the statutory rules if--

(a) the person is convicted of an offence specified in the national schedule of demerit points or any other offence specified in the statutory rules, or recognised, under section 32, or

(b) the person pays the whole or any part of the penalty specified in a penalty notice issued to the person in respect of the offence, or

(c) the person has not paid the penalty specified in a penalty notice issued to the person in respect of the offence, the person has not elected to have the matter dealt with by a court and the time for the person to have the matter so dealt with has lapsed.

(3) Demerit points incurred by a person for an offence for which demerit points may be incurred under this Chapter or the statutory rules are to be recorded in the NSW demerit points register in respect of the day on which the offence was committed.

(4) To avoid doubt, Transport for NSW is not to record demerit points against a person under this Division in respect of an offence if the court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence.

(5) Without limiting this section, Transport for NSW--

(a) may change the NSW demerit points register to correct a mistake, error or omission in the register, subject to the requirements of the statutory rules, and

(b) must change the NSW demerit points register if required under section 32A.

Note--: If the holder of a driver licence issued by another driver licensing authority commits an offence in this jurisdiction that warrants demerit points, Transport for NSW must transmit all relevant information about the offence to the other authority (see section 29(3)).