Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
Part —
current demerit points means demerit points that
have been recorded in the demerit points register and have not expired or been
cancelled;
dealt with by infringement notice , when referring
to an alleged demerit point offence, means that an infringement notice has
been issued for the alleged offence and —
(a) the
matter has been dealt with by paying an amount in accordance with the
infringement notice; or
(b)
section 26(2) of the Fines, Penalties and Infringement Notices
Enforcement Act 1994 requires the matter to be treated, for the purposes
of this Part, as having been dealt with by infringement notice; or
(c) if
the infringement notice was issued under a law of another jurisdiction, the
matter has been dealt with in a way that the regulations specify is to be
treated, for the purposes of this Part, as having been dealt with by
infringement notice;
demerit point action means the action described in
section 104G;
demerit point offence means —
(a) an
offence under this Act that the regulations prescribe as a demerit point
offence in WA; or
(b) an
offence under the law of another jurisdiction that is specified in the
national demerit point offence schedule;
demerit point offence in WA means an offence under
this Act that the regulations prescribe as a demerit point offence in WA;
demerit point registry jurisdiction for a person
means the jurisdiction identified by section 104C;
demerit points register means the register that
section 104O requires the Director General to maintain;
excessive demerit points notice means an excessive
demerit points notice under section 104I(1);
excessive demerit points (novice driver) notice
means an excessive demerit points (novice driver) notice under
section 104IA(2);
infringement notice means a notice issued to a
person —
(a)
under this Act; or
(b)
under a law of another jurisdiction,
alleging the commission of a demerit point offence
and offering the person an opportunity, by paying an amount of money, to have
the matter dealt with out of court;
national demerit point offence means —
(a) an
offence under this Act; or
(b) an
offence under the law of another jurisdiction,
that is specified in the national demerit point
offence schedule;
national demerit point offence schedule means the
national demerit point offence schedule referred to in section 104B;
novice driver has the meaning given in
subsection (2);
novice driver (type 1) means a novice driver who
is not a novice driver (type 2);
novice driver (type 2) means a novice driver who
has, for a period of at least 1 year or periods adding up to at least 1
year, held —
(a) an
Australian driver licence; or
(b) a
licence or other authorisation granted to the person by an external licensing
authority authorising the person to drive a motor vehicle other than solely
for the purpose of learning to drive it;
section 104J election means an election under
section 104J(1);
section 104J election period means the period
for which a section 104J election applies under section 104J(5) and
includes the period as reinstated under regulations under
section 104K(8)(b).
(2) For the purposes
of this Part a person is a novice driver unless the person has, for a period
of at least 2 years or periods adding up to at least 2 years,
held —
(a) an
Australian driver licence; or
(b) a
licence or other authorisation granted to the person by an external licensing
authority authorising the person to drive a motor vehicle other than solely
for the purpose of learning to drive it.
(3) When deciding
whether a person is a novice driver, or which type of novice driver a person
is, a period for which the person held an Australian driver licence or other
authorisation is to be regarded as not including any period for which the
person, although holding an Australian driver licence or other authorisation,
was excluded by law from driving under that authorisation.
[Section 104 inserted by No. 54 of 2006
s. 31; amended by No. 39 of 2007 s. 26.]