MOTOR VEHICLES ACT 1959 - SECT 98B
MOTOR VEHICLES ACT 1959 - SECT 98B
98B—Demerit points for offences in this State
(1) Where a person is
convicted of, or expiates, an offence of a kind prescribed by the regulations,
the number of demerit points prescribed by the regulations in relation to that
offence is, subject to this section, incurred by that person.
(1a) Demerit points
are not incurred on the conviction of a person for an offence if the person
has already incurred demerit points for that offence by virtue of being
treated as if the person has expiated the offence in accordance with the
Expiation of Offences Act 1996 .
(3) Subject to this
section, if a person is convicted of or expiates two or more offences arising
from the same incident, demerit points are incurred only in respect of the
offence (or one of the offences) that attracts the most demerit points.
(3a) If a person is
convicted of or expiates two or more offences arising from the same incident
and one of the offences is a red light offence and another is a
speeding offence, demerit points are incurred in respect of both the
red light offence and the speeding offence.
(3b) If a person is
convicted of or expiates an offence against section 79B(2) of the Road
Traffic Act 1961 constituted of being the owner of a vehicle that appears
from evidence obtained through the operation of a photographic detection
device to have been involved in the commission of two or more prescribed
offences arising out of the same incident and one of the prescribed offences
is a red light offence and another is a speeding offence, the number of
demerit points incurred for the offence against section 79B(2) is the sum of
the number of demerit points prescribed by the regulations in relation to the
red light offence and the number of demerit points prescribed by the
regulations in relation to the speeding offence.
(3c) In
subsections (3a) and (3b)—
"prescribed offence" means an offence that is a prescribed offence within the
meaning of section 79B of the Road Traffic Act 1961 ;
"red light offence" means an offence that is a red light offence within the
meaning of section 79B of the Road Traffic Act 1961 ;
"speeding offence" means an offence that is a speeding offence within the
meaning of section 79B of the Road Traffic Act 1961 .
(4) If a court by
which a person is convicted of an offence is satisfied by evidence given on
oath forthwith on conviction that the offence is trifling, or that any other
proper cause exists, it may order that a reduced number of demerit points, or
no demerit points, are incurred by the person in respect of that offence.