Document ID: chunk:federal_register_of_legislation:F2024C00952:reg:8:p98
Version: federal_register_of_legislation:F2024C00952
Segment Type: reg
Provision Reference: reg 8 (pt 98/100)
Character Range: 294092–296769

found guilty of an offence;
the participant accrues 1 demerit point for each penalty unit of:
 (c) the maximum number of penalty units that a court could impose on the participant for the alleged offence; or
 (d) if the penalty for the offence is a term of imprisonment—the maximum number of penalty units that the court could impose in lieu of imprisonment.
 (2) To avoid doubt, a reference in subregulation (1) to the maximum number of penalty units that a court could impose is, if the alleged offender is a corporation, the maximum number that the court could impose taking into account subsection 4B(3) of the Crimes Act 1914.

11.310  Accumulation of demerit points in respect of ships
  Demerit points are accumulated in respect of a ship only if a ship operator accrues the demerit points because the operator:
 (a) has been convicted or found guilty of an offence against section 62 or 63 of the Act in respect of the ship; or
 (b) has been issued with an infringement notice for an offence against section 63 of the Act in respect of the ship, and has paid the infringement notice penalty as an alternative to prosecution.

11.315  Expiry of demerit points
  A demerit point expires 5 years after it is accrued.

11.320  Demerit points—maritime security plans
  For section 199 of the Act, the approval of the maritime security plan of a maritime industry participant may be cancelled if the participant accrues:
 (a) in the case of a maritime industry participant who is an individual—600 demerit points; or
 (b) in any other case—3 000 demerit points.

11.325  Demerit points—ship security plans
  For section 200 of the Act, the approval of a ship security plan may be cancelled if 3 000 demerit points are accumulated in respect of the ship.

11.330  Demerit points—offshore security plans
  For section 200A of the Act, the approval of the offshore security plan of an offshore industry participant may be cancelled if the participant accrues:
 (a) in the case of an offshore industry participant who is an individual—600 demerit points; or
 (b) in any other case—3 000 demerit points.

11.335  Register of demerit points
 (1) The Secretary must keep a register of demerit points accrued.
 (2) The register may be kept by means of, or partly by means of, a computer system.
 (3) The register must record, for each maritime industry participant:
 (a) for each offence against the Act or these Regulations of which the participant has been convicted or found guilty:
 (i) the number of demerit points accrued for the offence; and
 (ii) the basis on which the number of demerit points was calculated; and
 (iii) the dates on which those demerit points were accrued,