Demerit points

112 Effect of appeal on demerit points

(1)

If a person appeals against a conviction for an offence to which section 88 applies (which section relates to offences attracting demerit points),—

(a)

no demerit points may be recorded in relation to the offence pending the determination of the appeal:

(b)

a recording of demerit points made in relation to the offence before the filing of the notice of appeal and any disqualification imposed as a result is cancelled:

(c)

if on the determination of the appeal the conviction is upheld, or if the appeal is abandoned or is dismissed for want of prosecution, demerit points must be recorded in relation to the offence.

(2)

The Registrar of the court in which the appellant was convicted must notify the Agency of the filing of the notice of appeal and of the result of the determination of the appeal, or of the abandonment or dismissal of the appeal.

(3)

If a conviction for an offence to which section 88 applies is quashed on an application for judicial review, demerit points may not be recorded for that offence or (if recorded) the Agency must cancel the demerit points recorded and any disqualification imposed for that offence.

Section 112(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 112(3): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).