South Australian Consolidated Acts

MOTOR VEHICLES ACT 1959 - SECT 81BC

81BC—Consequences of holder of unconditional licence incurring demerit points in respect of offences committed while holder of provisional licence

        (1)         If a P2 licence held by a person is renewed as an unconditional licence and the person subsequently incurs any demerit points in respect of offences committed or allegedly committed while the person was under the age of 19 years and held a provisional licence, the Registrar must, on becoming aware of that fact, give the person written notice—

            (a)         requiring the person to surrender the person's licence to the Registrar within the period specified in the notice; and

            (b)         informing the person that if the licence is surrendered—

                  (i)         the person will be entitled to a refund of a proportion of the licence fee paid for the licence; and

                  (ii)         the person will, if not disqualified or otherwise prevented by law from holding or obtaining a licence, be entitled to be issued a P2 licence; and

            (c)         informing the person that if the person does not comply with the notice, the Registrar may suspend the licence until it is surrendered to the Registrar.

        (2)         A notice under subsection (1) may be sent by post, addressed to the person to whom it is required to be given, at his or her last known postal address.

        (3)         Subject to this Act, if a person to whom notice is given under this section surrenders the person's licence, the Registrar must, on application by the person and payment of the prescribed fee, issue a P2 licence to the person.

        (4)         The conditions applying to a P2 licence issued to a person under this section following the surrender of an unconditional licence are effective for a period equal to the period for which such conditions would have continued to be effective under section 81A if any demerit points incurred in respect of offences committed or allegedly committed while the person was under the age of 19 years had been incurred while the person held a provisional licence.

        (5)         If a person fails to comply with a notice given to the person under this section, the Registrar may suspend the person's licence until the licence is surrendered to the Registrar.