New South Wales Consolidated Acts New South Wales Consolidated Acts
(2) Licence suspension for demerit points The Authority must give a notice of licence suspension to the holder of an unrestricted driver licence who incurs 12 or more demerit points within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.
(3) Despite subsection (2), the Authority is not required to take action under that subsection if it is of the opinion:(a) that it would be unreasonable to do so, having regard to the date when any relevant offence was committed, or(b) it would be more appropriate for the person to be dealt with under sections 16AA (2) and 16A.
(4) The notice of licence suspension must specify the date on which the suspension is to take effect and must contain any other matters specified by the regulations. The date specified must not be earlier than 28 days after the notice is given.
(5) The period of licence suspension under subsection (2) is the period applicable under the following table:Licence suspension for demerit points
Number of demerit points incurred within previous 3 years Period of licence suspension 12 to 15 3 months 16 to 19 4 months 20 or more 5 months
(6) If a person who has been served with a notice of licence suspension does not make an election under subsection (8), all driver licences held by the person are suspended for the period applicable under this section on and from the date specified in the notice.
(7) On the commencement of a period of suspension or a period of good behaviour (see subsection (8)), all demerit points recorded in the demerit points register against the person at the date of the notice are taken to be deleted.
(8) Alternative to suspension A person who incurs at least 12 demerit points within the 3 year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person may, after being served with a notice of licence suspension by the Authority (but before the commencement of the period of suspension), notify the Authority in a form approved by the Authority that he or she elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months on and from the day on which the licence would otherwise be suspended.
(9) If a person who makes an election in accordance with subsection (8) incurs 2 or more demerit points during the 12 months’ good behaviour period, the Authority must give the person a notice suspending all driver licences held by the person, commencing on a day specified in the notice, for twice the period that would have applied to the person under this section if the person had not made the election.
(10) On the commencement of the period of suspension referred to in subsection (9), all demerit points recorded in the demerit points register against the person at the date of the notice, and taken into account for the purpose of the notice, are taken to be deleted.
(11) Despite subsections (7) and (10), demerit points incurred by a person:(a) after the person is served with a notice of licence suspension but before the suspension begins, or(b) if the person makes an election in accordance with subsection (8), after the person is served with the notice of licence suspension and before the 12 months’ period of good behaviour begins,are not taken to be deleted under this section when the suspension or period of good behaviour begins and are to be taken into account for the purposes of subsection (2) or section 16A (1) from the end of the period of licence suspension or period of good behaviour.
(12) Nothing in subsection (7) or (10) prevents the Authority from retaining records of deleted demerit points incurred by any person.