Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (DRIVER LICENSING) AMENDMENT REGULATION 2004 (NO 1) (NO 59 OF 2004) - SCHEDULE 1

Schedule 1     Minor amendments

(see s 3)

[1.1]     Sections 56 (3), 88 (3) and 103 (3)

omit

to make representations why

substitute

to make representations about why

[1.2]     Part 8 heading

substitute

Part 8     Licence demerit points

Note     For demerit points for a licence that is not a learner, provisional, restricted or probationary licence, see the Act, pt 2.3.

[1.3]     Division 8.1 heading

substitute

Division 8.1     Demerit points—learner and provisional licences

[1.4]     Division 8.2 heading

substitute

Division 8.2     Demerit points—additional provisional class

[1.5]     Division 8.3 heading

substitute

Division 8.3     Demerit points—restricted licences

[1.6]     Division 8.4 heading

substitute

Division 8.4     Demerit points—probationary licences

[1.7]     Division 8.5

substitute

Division 8.5     Demerit points—other provisions for this part

134     Demerit points—points incurred but not taken into account for notices under pt 8

    (1)     This section applies to—

        (a)     demerit points that are incurred by a person on or before the date of a notice of licence suspension, additional provisional class suspension or licence cancellation (a relevant notice ) served on the person under this part and that were not taken into account for the notice; and

        (b)     demerit points incurred by the person after the date of the relevant notice and before the suspension or cancellation applying under the relevant notice begins.

    (2)     The demerit points are only taken into account in relation to the person from the end of the period of suspension or disqualification from holding or obtaining a driver licence applying under the relevant notice.

135     Demerit points—pt 8 not affected by suspension etc under another law

    (1)     A period of licence suspension under this part is additional to any period of licence suspension otherwise imposed under territory law.

    (2)     A period of disqualification from holding or obtaining a driver licence under this part is additional to any period of disqualification otherwise imposed under territory law.

    (3)     Demerit points recorded in the demerit points register against a person are not affected by a period of licence suspension, additional provisional class suspension or disqualification from holding or obtaining a driver licence imposed by a court in Australia or under any other territory law.

136     Demerit points—notices under pt 8

The road transport authority may give a notice of licence suspension, additional provisional class suspension or licence cancellation to a person under this part without giving the person an opportunity to make representations about why the notice should not be given.

Division 8.6     Demerit points—general

137     Demerit points—notices under Act, div 2.3

A notice under the Act, division 2.3 (Demerit points system) must set out details of the demerit points recorded in the demerit points register in relation to the person on whom the notice is served and taken into account for the issue of the notice.

138     Demerit points register—inspection

A person may—

        (a)     inspect information in the demerit points register about the person; and

        (b)     obtain a certificate of all or any of that information.

Note     A fee may be determined under the Road Transport (General) Act 1999 , s 96 for this section.