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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-03-10 Daily Xml
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SUMMARY OFFENCES (PRESCRIBED MOTOR VEHICLES) AMENDMENT BILL

Second Reading

Second reading.

The Hon. B.V. FINNIGAN (Minister for Industrial Relations, Minister for State/Local Government Relations, Minister for Gambling) (18:03): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Government is strongly committed to implementing measures to curb behaviour on our roads that is inherently dangerous.

This Bill's principal focus is the reduction of the incidence of offences involving unregistrable miniature motor bikes colloquially known as 'monkey bikes' or 'pocket rockets'. These vehicles have been implicated in a number of tragic deaths in South Australia and are the source of a great deal of frustration and concern within the broader community.

Through reforms to the Summary Offences Act 1953 this Bill makes it an offence to drive, or cause to stand, a prescribed vehicle on a road. Significant penalties will apply to act as a strong deterrent to the behaviour exhibited by a small number of irresponsible members of the community who, through their use of such vehicles, place themselves and others at risk.

This Government is determined to pursue the initiatives in this Bill to reflect the community's intolerance of such behaviour.

The Bill inserts a new section 55 into the Summary Offences Act 1953 to create a new offence prohibiting a person from driving a prescribed vehicle on a road, or causing a prescribed vehicle to stand on a road. The offence will attract a maximum penalty of $5,000 or an expiation fee of $315.

Further, where a prescribed motor vehicle is driven or found standing on a road, the owner of the vehicle will be guilty of an offence attracting the same penalty. This ensures that, if a child is found driving a prescribed motor vehicle on a road, it is open for the owner (frequently the child's parent or guardian), to be charged with an offence. This places additional responsibility on a third party owner to ensure that their prescribed motor vehicle is not used on a road or a road related area.

Although the Bill is principally directed at 'monkey bikes', the offence extends to the unlawful use of a 'prescribed motor vehicle'. That expression is defined to mean a motor vehicle that is not able to be registered under the Motor Vehicle Act 1959 and that is of a class prescribed by the regulations for the purposes of the section.

Registrable miniature motor bikes will not be subject to the Bill. Road Traffic offences committed on those motor vehicles will nonetheless remain punishable under the existing criminal law.

The Bill provides a defence to a driver, or owner, if they can prove that the motor vehicle was driven or left standing on the road in circumstances which the Motor Vehicles Act 1959 permits an unregistered motor vehicle to be driven or left standing on a road. These include where the conduct constituting the offence was authorised or excused by or under a law, was done in compliance with a direction given by an authorised officer or police officer, or was done in response to circumstances of an emergency.

A further defence is also afforded to an owner of a prescribed motor vehicle who is charged with an offence under the new section, where they can prove that, in consequence of some unlawful act, the vehicle was not in their possession or control at the time it was driven or left standing on the road. The inclusion of this specific defence ensures that the owner of a prescribed motor vehicle which is stolen, will not be held criminally liable for offences under this section, which are committed by another unlawfully using that vehicle.

A key feature of the Bill is that it grants police a discretionary power to seize and retain a prescribed motor vehicle in a broad range of circumstances—including where a person is reported for an offence against this section. This ensures that police can, in appropriate circumstances, immediately address and remove the source of dangerous or disruptive conduct. A vehicle, once seized, may be retained by police until proceedings are finalised.

Where a person is subsequently found guilty of an offence, expiates the offence or—in the case of a young offender dealt with under Part 2 of the Young Offenders Act 1993—admits the commission of an offence, then the motor vehicle the subject of the offence is forfeited to the Crown and may be dealt with in accordance with the provisions of the disposal provisions of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007. It is anticipated that given their unregistrable nature, forfeited vehicles will be destroyed.

Seizure and forfeiture of a vehicle will not be allowed where in consequence of an unlawful act the vehicle was not in the possession or control of its owner at the time of the offence.

Finally, the Bill makes a minor amendment to section 4 of the Summary Offences Act 1953 to clarify that a reference in that Act to 'drivers' or 'driving of vehicles', has always included a reference to 'riders' or 'riding of vehicles' (unless otherwise stated).

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Summary Offences Act 1953

4—Amendment of section 4—Interpretation

This clause amends the interpretation section to make it clear that a reference to a 'driver' of a vehicle includes a reference to a rider.

5—Insertion of section 55

This clause inserts new section 55 into the principal Act. The section establishes offences in relation to driving a prescribed motor vehicle, or causing one to be standing, on a road. Under the proposed provisions both the driver and the owner of the vehicle would be guilty of an offence punishable by a fine of $5,000 or an expiation fee of $315 (unless a defence is available under subsection (3) or (4)).

The proposed section defines a prescribed motor vehicle as a motor vehicle that is not able to be registered or conditionally registered under the Motor Vehicles Act 1959 and that is of a class prescribed by regulation for the purposes of the section.

Proposed subsection (5) also allows police to seize prescribed motor vehicles involved in offences under the proposed section, and subsection (6) provides for the forfeiture of the prescribed motor vehicle in the circumstances specified. Seizure and forfeiture cannot occur where, in consequence of some unlawful act, the motor vehicle was not in the possession or control of its owner at the time of the offence.

Debate adjourned on motion of Hon. D.W. Ridgway.

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