ROAD TRANSPORT (DRIVER LICENSING) ACT 1999 - SECT 12 Mutual recognition of demerit points

ROAD TRANSPORT (DRIVER LICENSING) ACT 1999 - SECT 12

    (1)     If the holder of an Australian driver licence issued by the licensing authority of another jurisdiction commits an offence against a territory law that is included in the national schedule of demerit points, the road transport authority must give all relevant information about the offence to the licensing authority of the other jurisdiction.

    (2)     If a person, who is not the holder of an Australian driver licence and who ordinarily lives in another jurisdiction, commits an offence against a territory law that is included in the national schedule of demerit points, the road transport authority must give all relevant information about the offence to the licensing authority of the other jurisdiction.

    (3)     However, the road transport authority is not required to give information under subsection (1) or (2) until—

        (a)     if the person is convicted, or found guilty, of the offence—the last day when the person could have appealed against the conviction or finding or, if the person appeals against the conviction or finding, the appeal is dismissed or discontinued; or

        (b)     the person is served with an infringement notice for the offence and the infringement notice penalty for the offence is paid in whole or in part; or

        (c)     if the person is served with an infringement notice for the offence and the person applies in accordance with the Road Transport (General) Act 1999

for additional time to pay the infringement notice penalty for the offence or do a relevant thing—the administering authority for the offence allows the person additional time to do the thing; or

        (d)     if the person is served with an infringement notice for the offence and the person does not pay the infringement notice penalty for the offence or do a relevant thing—the time within which the thing is required to be done under that Act has ended.

Note     For when an infringement notice penalty is payable etc, see the Road Transport (General) Act 1999

, div 3.2.

    (4)     If the road transport authority receives information about a person from the licensing authority of another jurisdiction under a provision of a law of the other jurisdiction that corresponds to subsection (1) or (2), the authority must take the action under this Act that the authority would have taken if the offence had been committed in the ACT against a territory law.

    (5)     In this section:

"relevant thing "means—

        (a)     apply for either of the following in accordance with the Road Transport (General) Act 1999

:

              (i)     an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan;

              (ii)     waiver of the infringement notice penalty; or

        (b)     apply for withdrawal of the infringement notice in accordance with the Road Transport (General) Act 1999

; or

        (c)     give an infringement notice declaration in accordance with the Road Transport (General) Act 1999

; or

        (d)     give a notice disputing liability for the offence in accordance with the Road Transport (General) Act 1999

.