Key points
- Demerit limits: a full licence reaches the limit at 12 points in 3 years in every state and territory except NSW, where it is 13 (14 for professional drivers). Learners and P-platers have lower limits.
- A good behaviour option: in every state and territory, at least full-licence holders can choose a period of good behaviour (12 months in most) instead of a demerit suspension; breaking it brings a longer suspension, double in most states.
- Holiday double demerits apply in NSW, WA and the ACT. Queensland instead adds extra points all year for repeat offences; South Australia has none.
- Speeding: a high enough speed costs a licence on its own in most states, from 25 km/h over in Victoria to 45 km/h over in SA and the NT.
- Work or restricted licences exist only in Queensland, WA, Tasmania and the ACT, each with strict tests. Victoria and SA have none, and we found none in NSW or the NT.
- Paying is not always the end of it: in Tasmania paying a traffic fine counts as a conviction, and some Victorian notices take effect as convictions after 28 days unless you object.
- For advice about a traffic matter, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in your state for a fixed $295.
In every Australian state and territory except NSW, a full driver licence is suspended at 12 demerit points in 3 years (NSW: 13), and every jurisdiction lets at least full-licence holders choose a good behaviour period instead; work or restricted licences exist only in Queensland, Western Australia, Tasmania and the ACT.
Checked on 23 October 2026 against each state's and territory's road laws or transport department, the courts and the legal aid commissions.
Demerit points by state
| State | Full licence | Learners and P-platers | Good behaviour option | Holiday double demerits |
|---|---|---|---|---|
| NSW | 13 points (14 for professional drivers) within 3 years | Learner and P1: 4; P2: 7 | Unrestricted licences only; apply before the suspension starts | Yes |
| Victoria | 12 points in any 3 years | Never held a full licence: 5 points in 12 months | Elect within 21 days of the notice; any further point, or a suspension for another driving offence, brings a longer suspension | None found |
| Queensland | 12 points in 3 years | 4 points in 1 year | Open and P licences (not learners) | No; extra points all year for repeat offences |
| WA | 12 current points (they expire 3 years after the offence) | 4 points from the learner's permit to the end of the first year on P plates; 8 in the second year | Full licences only, on Form E18 within 21 days | Yes |
| SA | 12 points within 3 years | L and P plates: 4; probationary licence: 2 | Full licences, within 21 days | No |
| Tasmania | 12 points (active for 3 years) | Learner, provisional and unlicensed: 4 points in 12 months | A Period of Good Behaviour may be available | None found |
| ACT | 12 points in 3 years | Learner and provisional: 4 points in 3 years; probationary: 2 | Yes; 2 or more points during it doubles the suspension | Yes |
| Northern Territory | 12 points in 3 years or less | Learner and provisional: 5 points in 12 months or less | Yes (an undertaking); 2 or more points during it doubles the suspension | None found |
A full-licence suspension is 3, 4 or 5 months in most states, depending on how far over the limit you are.
Losing your licence for speeding
| State | When speed alone can cost a licence |
|---|---|
| NSW | Police can suspend on the spot: a learner or P-plater more than 30 km/h over (3 months); a full licence more than 45 km/h over (6 months) |
| Victoria | 25 km/h or more over: minimum suspensions of 3 months (25 to under 35), 6 months (35 to under 45) and 12 months (45 or more), imposed by a court or automatically after an infringement notice |
| Queensland | More than 40 km/h over: a 6-month suspension |
| WA | More than 40 km/h over: 7 demerit points (14 in holiday periods) |
| SA | 45 km/h or more over: 9 points and an automatic 6-month disqualification |
| Tasmania | 38 to 44 km/h over: 3 months; 45 km/h or more: 4 months |
| ACT | More than 45 km/h over: police can suspend the licence on the spot |
| Northern Territory | 45 km/h or more over ("driving at dangerous speed"): on a finding of guilt the licence is cancelled, with a 3-month disqualification for a first offence |
Driving while suspended or disqualified
| State | Maximum for a first offence |
|---|---|
| NSW | $3,300 and 6 months' jail, plus an automatic 6-month disqualification (the court can reduce it to no less than 3) |
| Victoria | 240 penalty units or 2 years' jail |
| Queensland | Suspended for demerit points: 40 penalty units ($6,908) or 1 year, and the court must disqualify you for 6 months |
| WA | A fine of $400 to $2,000 and up to 12 months' jail, and the court must disqualify you for 9 months to 3 years |
| SA | 12 months' jail (3 years for a later offence) |
| ACT | 50 penalty units or 6 months' jail or both, and an automatic 12-month disqualification |
| Northern Territory | Driving while disqualified: 12 months' jail |
Work, restricted and hardship licences
- Queensland: a restricted (work) licence after some drink-driving disqualifications, only for earning a living. You must be a fit and proper person, and a refusal must cause extreme hardship to you or your family by depriving you of your livelihood. A special hardship order is possible only after breaking a good driving year or for a suspension for speeding more than 40 km/h over.
- WA: an extraordinary licence from a court for many disqualifications, but not during a demerit point disqualification, and only on the specific hardship grounds the Act lists, such as losing the means of obtaining urgent medical treatment.
- Tasmania: a restricted licence from the Magistrates Court if losing your licence would cause "severe and unusual hardship" to you or your dependants; not if you could have chosen a good behaviour undertaking for demerit points.
- ACT: a restricted licence by Magistrates Court order, only in exceptional circumstances, and never during a demerit point suspension.
- Victoria and SA: none. Victoria Legal Aid says other states have work licences but Victoria does not. NSW and the NT: we found none.
See also licence suspension and disqualification in South Australia.
Paying a fine or going to court
| State | How and when you can choose court |
|---|---|
| NSW | Apply to Revenue NSW before the due date on the fine reminder notice |
| Victoria | Any time before the fine is registered for enforcement; for excessive speed, drink-driving and drug-driving notices, object within 28 days or the notice takes effect as a conviction |
| Queensland | Within 28 days of the notice, elect to have the matter decided in a Magistrates Court |
| SA | Elect to be prosecuted, by notice to the issuing authority, before an enforcement determination or payment arrangement is made |
| Tasmania | Within 28 days; paying the fine, or 28 days passing without payment, counts as a conviction |
| ACT | Give the authority written notice disputing liability |
| Northern Territory | A written statement electing court, at any time, but before the due date in a courtesy letter if one has been served |
In WA, follow the instructions on the infringement notice.
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Free help
| State | Legal aid line | Hours |
|---|---|---|
| NSW | LawAccess NSW (Legal Aid NSW), 1300 888 529 | 9am to 5pm, Monday to Friday, excluding public holidays |
| Victoria | Victoria Legal Aid, 1300 792 387 | 8am to 6pm, Monday to Friday |
| Queensland | Legal Aid Queensland, 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday |
| South Australia | Legal Services Commission, 1300 366 424 | 9am to 4:30pm, Monday to Friday |
| Western Australia | Legal Aid WA, 1300 650 579 | 9am to 4pm, Monday to Friday (WA time) |
| Tasmania | Tasmania Legal Aid, 1300 366 611 | 8:45am to 5pm, Monday to Friday |
| ACT | Legal Aid ACT, 1300 654 314 | 8:30am to 7pm Monday to Thursday; 8:30am to 5pm Friday |
| Northern Territory | Legal Aid NT, 1800 019 343 | 8am to 4:30pm, Monday to Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in your state is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise whether to take a fine to court, whether a good behaviour period, work licence or appeal is open to you, and act for you in court. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against Victoria's Road Safety Act 1986 and Infringements Act 2006; Queensland's Driver Licensing Regulation 2021, Transport Operations (Road Use Management) Act 1995 and State Penalties Enforcement Act 1999; WA's Road Traffic (Authorisation to Drive) Act 2008 and Road Traffic Code 2000; SA's Motor Vehicles Act 1959, Motor Vehicles Regulations 2025 and Expiation of Offences Act 1996; the ACT's Road Transport (Driver Licensing) Act 1999 and Regulation 2000, Road Transport (General) Act 1999 and Road Transport (Offences) Regulation 2005; the NT's Motor Vehicles Act 1949, Traffic Act 1987 and Fines and Penalties (Recovery) Act 2001; Transport for NSW, Revenue NSW, Legal Aid NSW and the Judicial Commission of NSW's Local Court Bench Book (the NSW legislation website could not be read); Transport Tasmania, Tasmania Police, the Magistrates Court of Tasmania and Mobile Speed Cameras in Tasmania (Tasmania's legislation website could not be read); and Victoria Legal Aid and the other legal aid commissions, on 23 October 2026.