Document ID: chunk:federal_register_of_legislation:F2016C00706:clause:2_21:p1
Version: federal_register_of_legislation:F2016C00706
Segment Type: clause
Provision Reference: sch 2 cl 21 (pt 1/2)
Character Range: 61552–64868

21  Demerit points
 (1) In this supporting principle:
appropriate number of demerit points, in relation to a relevant offence, means the number of demerit points:
 (a) specified, in relation to that offence, in column 2 of the table set out at the foot of this supporting principle; or
 (b) specified by the driver licensing authority under subprinciple 11(1) of the Primary Principles.
relevant offence means an offence committed in any jurisdiction, being an offence of a kind:
 (a) described in column 1 of the table set out at the foot of this supporting principle; or
 (b) recognised by the driver licence authority under subprinciple 11(1) of the Primary Principles.
 (2) The demerit points register must be maintained in accordance with clauses (3) and (4).
Note: The driver licensing authority has the function of maintaining the demerit points register—see paragraph 8(1)(c) of the Primary Principles.
 (3) Subject to clause (4), the driver licensing authority must record against a driver the appropriate number of demerit points if the driver:
 (a) is convicted, or found guilty, of a relevant offence; or
 (b) pays the penalty specified in an infringement notice issued to the driver in respect of a relevant offence; or
 (c) has not paid the penalty and the time for the person to have the matter determined by a court has lapsed.
 (4) Demerit points recorded against a driver under clause (3) who does not hold an Australian driver licence must be treated as demerit points recorded against the person if the person subsequently obtains a driver licence.
Note: if the holder of a driver licence issued by another driver licensing authority commits an offence in this jurisdiction that warrants demerit points, the driver licensing authority must transmit all relevant information about the offence to the other authority—see subprinciple 14(2) of the Primary Principles.

Column 1                                                                             Column 2        Column 3
Offence                                                                              Demerit points  Australian Road Rules provision where offence created, except where indicated 1
Exceeding speed limit by 45 km/h or more                                             6               1.2(1), 1.4(1)
Exceeding speed limit by 30 km/h or more but less than 45 km/h                       4               1.2(1), 1.4(1)
Disobeying traffic signal                                                            3               4.2(1), 4.2(4), 4.4(1), 4.5(1), 4.5(4), 4.6(1), 4.7(1), 4.7(2), 4.8(1), 5.2(8), 5.4(1)
Disobeying stop or give way traffic sign or line, or police directing traffic        3               Reg. 9(1), 4.9(2), 5.2(1), 5.2(2), 5.2(7), 5.3(1), 5.3(2), 5.3(3), 8.2(2)
Failing to give way                                                                  3               2.6(4), 4.9(1), 5.2(5), 5.2(6), 5.5(3), 5.5(4), 5.11(2), 6.5(1), 6.6(1), 6.6(2), 6.7(2), 6.7(3), 6.7(4), 6.7(5), 6.8(1), 6.8(2), 6.8(3), 6.9(1), 6.9(3), 6.10(2), 6.11(1), 6.12(1), 6.13(1), 6.14(1), 7.4(1), 7.6(1), 9.15(1), 9.15(2), 9.17(1)
Failing to stop or give way at pedestrian, children's or level crossing              3               4.10(1), 6.2(2), 6.3(2), 6.4(1), 8.2(1)
Driving with unrestrained passengers under the age of 16 years