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TRANSPORT LEGISLATION AMENDMENT (ROAD SAFETY, RAIL AND OTHER MATTERS) ACT 2017 (NO. 68 OF 2017) - SECT 59

Suspension of driver licence or learner permit under this Division

    (1)     The notes at the foot of section 42(1) and (2) of the Principal Act are repealed .

    (2)     After section 42(2) of the Principal Act insert

    "(2A)     The suspension of a driver licence or learner permit under section 41A(1) or (3)—

        (a)     takes effect on and from the date determined by the Corporation and specified in the notice served under section 41A(5); and

        (b)     operates concurrently with the period for which the person's driver licence or learner permit is suspended by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act, or the period for which the person is disqualified from obtaining a driver licence or learner permit (as the case may be).".

    (3)     After section 42(4) of the Principal Act insert

    "(5)     The Corporation may determine a date as the date on which a suspension under this Division takes effect even if on or before that date the driver licence or learner permit is cancelled or suspended by the Corporation under another provision of this Act or under the regulations or another Act or by a court or by operation of this Act.

Example

A person who elects to extend the demerit point period has their driver licence suspended for 3 months for a driving offence that does not attract demerit points. The person had incurred 16 demerit points at the time of the demerit point option notice and, under section 40(2) faces an 8 month suspension under this Division. The Corporation may determine that the 8 month suspension under this Division takes effect on the same day as that on which the 3 month suspension takes effect, allowing the 2 suspensions to operate concurrently.".



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