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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-06-10 Daily Xml
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Criminal Law Consolidation (Driving at Extreme Speed) Amendment Bill

Second Reading

The Hon. J.M.A. LENSINK (Minister for Human Services) (16:39): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr President, I am pleased to introduce the Criminal Law Consolidation (Driving at Extreme Speed) Amendment Bill 2021. The Bill amends the Criminal Law Consolidation Act 1936 to create a new offence of driving at an extreme speed.

Hoons are a blight on our community who place little or no value on their lives or the lives of others.

This Bill recognise the serious risk that hoons pose to the community and provides penalties that reflect the dangerous nature of this type of offending.

The Bill provides that people caught driving at 55 kilometres per hour or more above the limit in a zone marked 60 or less, or 80 kilometres per hour or more in a zone marked above 60, could be jailed for up to three years with a mandatory minimum two year licence disqualification period for a first offence or five years for a subsequent offence.

If the offence is committed in aggravating circumstances, the maximum penalty is increased to five years imprisonment with a mandatory minimum licence disqualification for five years.

Aggravating factors include where the offence was committed while attempting to escape police pursuit, where the offending caused death or serious harm, where the vehicle driven was stolen, or where the offender was disqualified from driving and knew they were disqualified.

The Bill excludes police or emergency service workers from the operation of section 19ADA in certain circumstances. There are also a number of general defences within the Criminal Law Consolidation Act and common law that might apply in some cases, including duress, sudden or extraordinary emergency, or honest and reasonable mistake of fact. .

Mr President, the Bill once enacted will have a positive impact on road safety. The instant loss of licence provisions will provide protection to the community by removing the alleged offenders from the roads.

In addition, offenders who are convicted of the new offence of extreme speed may have their car forfeited to the State. The Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 provides for the forfeiture of motor vehicles following conviction for a forfeiture offence. Regulation 3A of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2007 prescribes indictable offences against Part 3 Division 6 of the Criminal Law Consolidation Act as forfeiture offences. This means that once the Bill is passed, the new . extreme speed offences will be forfeiture offences for the purposes of the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act.

This Bill sends a clear message that this reckless and dangerous behaviour will not be tolerated.

Mr President, I commend the Bill to Members and I seek leave to have the Explanation of Clauses inserted in Hansard without my reading them.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Law Consolidation Act 1935

4—Amendment of section 5AA—Aggravated offences

This clause amends section 5AA to set out the circumstances that will result in an offence against proposed section 19ADA(1) being an aggravated offence.

5—Amendment of section 19AAB—Interpretation

This clause amends section 19AAB to insert a definition of Registrar of Motor Vehicles for the purposes of Part 3 Division 6 of the Act.

6—Insertion of section 19ADA

This clause inserts section 19ADA into Part 3 Division 6 of the Act.

19ADA—Extreme speed

Proposed section 19ADA(1) creates a new offence of driving a motor vehicle at an extreme speed.

A person drives a motor vehicle at an extreme speed if—

(a) the relevant speed limit is 60 kilometres an hour or less and the person drives the vehicle at a speed exceeding the relevant speed limit by 55 kilometres an hour or more; or

(b) the relevant speed limit is more than 60 kilometres an hour and the person drives the vehicle at a speed exceeding the relevant speed limit by 80 kilometres an hour or more.

The relevant speed limit is a speed limit that applies to the driver under—

(a) the Road Traffic Act 1961 (other than section 82 or 83); or

(b) the Motor Vehicles Act 1959.

The proposed maximum penalty for the offence is 3 years imprisonment for a basic offence and 5 years imprisonment for an aggravated offence.

The proposed minimum mandatory licence disqualification period is not less than 2 years for a basic offence and not less than 5 years for an aggravated offence.

Drivers of emergency vehicles are exempted from the new offence in the same circumstances as in section 110AAAA of the Road Traffic Act 1961.

If a person is tried on a charge of an offence against section 29 (acts endangering life or creating risk of serious harm)—

(a) the person may not be convicted of both the offence against section 29 and an offence against proposed section 19ADA(1) if the charge under proposed section 19ADA(1) arises out of the same set of circumstances that gave rise to the charge under section 29; and

(b) an offence against proposed section 19ADA(1) is not available as an alternative verdict to the charge under section 29 unless the offence against proposed section 19ADA(1) was specified in the instrument of charge as an alternative offence.

For the purposes of determining whether an offence against proposed section 19ADA(1) is a first offence or subsequent offence, a previous offence against section 45A or 46 of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account, as will a previous offence (whenever occurring) against this section or another provision of Division 6, or a corresponding previous enactment, for which the defendant has been convicted.

Proposed section 19ADA also contains an evidentiary provision.

7—Amendment of section 19AE—Commissioner of Police to impose immediate licence disqualification or suspension following certain charges against section 19A(1)

This clause amends section 19AE to require a notice of immediate licence disqualification or suspension to contain prescribed particulars and comply with requirements specified in the regulations, to allow such a notice to be withdrawn and a fresh notice issued (as per section 45D of the Road Traffic Act 1961), and to delete the definition of Registrar of Motor Vehicles which is to be defined in the amended section 19AAB instead.

8—Amendment of section 19AF—Power of police to impose immediate licence disqualification or suspension where offence against section 19A(1) or 19ADA(1)

This clause amends section 19AF so that a police officer can give a person a notice of immediate licence disqualification or suspension under that section if the police officer reasonably believes that the person has committed an offence against proposed section 19ADA(1). Such a notice will cease to have effect—

(a) if a court orders that the licence disqualification or suspension be removed; or

(b) if a determination is made that the person should not be charged with an offence against section 19ADA(1)—at the time the determination is made; or

(c) if proceedings for the offence against section 19ADA(1) to which the notice relates are determined by a court or are withdrawn or otherwise discontinued; or

(d) in any event—at the end of 12 months from the commencement of the prescribed period (which commenced when the person was given the notice).

The clause also amends the section to require a notice of immediate licence disqualification or suspension to contain prescribed particulars and comply with requirements specified in the regulations and to allow such a notice to be withdrawn and a fresh notice issued (as per section 45D of the Road Traffic Act 1961).

9—Amendment of section 19B—Alternative verdicts

This clause amends section 19B so that subsections (2) and (3) apply to an offence against proposed section 19ADA(1). This will allow a jury to bring in a verdict that the accused is guilty of a less serious offence if the jury is not satisfied that the accused is guilty of the offence charged. It ranks the offence against proposed section 19ADA(1) less serious than an offence against section 19A(3), but more serious than an offence against section 46 of the Road Traffic Act 1961.

Debate adjourned on motion of Hon. I.K. Hunter.

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