Australian Capital Territory
Road Transport (General) (Demerit Point Suspension Notice) Exemption Declaration 2013 (No 1)
Disallowable instrument DI2013—197
made under the
Road Transport (General) Act 1999, s 13 (Power to exclude vehicles, persons or animals from road transport legislation)

1	Name of instrument
	This instrument is the Road Transport (General) (Demerit Point Suspension Notice) Exemption Declaration 2013 (No 1).
2	Commencement
	This instrument is taken to have commenced on 24 May 2013.
3	Declaration
	Under section 13 of the Road Transport (General) Act 1999 I declare that the disapplied provisions do not apply to the holder of, or applicant for, a driver licence in the following circumstances:

1)	the person:
a.	enters into an infringement notice management plan to discharge the infringement notice penalty for an infringement notice offence; or
b.	is granted a waiver of the infringement notice penalty for an infringement notice offence; and

2)	the person has been subject to fine-default suspension for at least 1 year in relation to the infringement notice penalty to which the infringement notice management plan or waiver relates; and

3)	the person became liable to demerit point suspension more than 1 year prior to entering into the infringement notice management plan, but has not served the demerit point suspension because the person has been subject to fine-default suspension for the duration of that period.

4)	To avoid doubt, the disapplied provisions continue to apply to a person where the person commits a further infringement notice offence, and has not been fine-default suspended for at least 1 year in relation to the further offence.

4	Definitions
	In this instrument:
Disapplied provisions means:
(a)	section 16 of the Road Transport (Driver Licensing) Act 1999 (Consequences of incurring demerit points—holder of licence);
(b)	section 17 of the Road Transport (Driver Licensing) Act 1999 (Consequences of incurring demerit points—applicant for issue or renewal of licence);
(c)	section 123 of the Road Transport (Driver Licensing) Regulation 2000  (Demerit points incurred by applicants for issue or renewal of learner or provisional licences);
(d)	section 124 of the Road Transport (Driver Licensing) Regulation 2000  (Demerit points incurred by learner and provisional licence holders); 
(e)	section 126 of the Road Transport (Driver Licensing) Regulation 2000  (Demerit points incurred by applicants for issue or renewal of additional provisional classes);
(f)	section 127 of the Road Transport (Driver Licensing) Regulation 2000 (Demerit points incurred by holders of licences with additional provisional class);
(g)	section 130 of the Road Transport (Driver Licensing) Regulation 2000 (Demerit points incurred by restricted licence holders);
(h)	section 131 of the Road Transport (Driver Licensing) Regulation 2000 (Demerit points incurred by applicants for or holders of probationary licence); 
(i)	section 132 of the Road Transport (Driver Licensing) Regulation 2000 (Demerit points incurred by probationary licence holders).

Driver licence has the same meaning as in the Road Transport (Driver Licensing) Act 1999

Demerit point suspension means a driver licence suspension or cancellation under any of the disapplied provisions.

Fine-default suspension means the suspension of a driver licence pursuant to section 44 of the Road Transport (General) Act 1999

Infringement notice management plan has the meaning given in the Road Transport (General) Act 1999

Infringement notice offence has the meaning given in the Road Transport (General) Act 1999

Infringement notice penalty has the meaning given in the Road Transport (General) Act 1999

Waiver, of an infringement notice penalty, means a waiver of an infringement notice penalty pursuant to section 31G of the Road Transport (General) Act 1999 

Simon Corbell
Attorney-General
8.7.13