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EXPLANATORY STATEMENT
This Bill amends the Criminal Code through the introduction of two new offences. The first imposes obligations on drivers to stop and provide assistance where their vehicles are involved in incidents that cause death or serious harm. The second creates a specific offence of throwing things, such as rocks or bottles, or directing laser pointers at vehicles or vessels thereby exposing the occupants to risk of harm.
The Bill also amends the Criminal Code by introducing an interpretation section to facilitate a new form of drafting of offence provisions which is designed to make it easier to understand the fault elements of offences.
NOTES ON CLAUSES
Clause 1. Short title
This is a formal clause which provides for the citation of the Bill.
The Bill when passed may be cited as the Criminal Code Amendment (Hit and Run and Other Endangerment Offences) Act 2008.
Clause 2. Commencement
Sections 3 and 4 of the Act will commence on the date of assent.
The remainder of the Act will commence on a date to be set by the Administrator.
Clause 3. Act amended
This Act amends the Criminal Code.
Clause 4. New section 43ACA
This clause is an interpretation provision. It will be contained within Part IIAA and will apply only to those offences to which Part IIAA applies. It provides that, where an offence provision contains a separate statement specifying the fault elements, then the fault elements stated in the offence provision will be the only fault elements for the offence. There will be no implied or default fault provisions.
The only fault elements that must be proven are those contained in the offence provision itself.
The clause provides further that if an offence provision contains a separate statement classifying the offence as being one of strict or absolute liability then sections 43AN(1) and 43AO(1) respectively apply. That means that for offences of strict or absolute liability there are no fault elements but that there is a defence of honest and reasonable mistake of fact for offences of strict liability.
Clause 5. New section 174FA
The proposed section makes it a crime for the driver of a vehicle who is involved in an incident causing death or serious harm to another person to fail to stop and give assistance in circumstances in which he or she knows or is reckless as to whether or not the vehicle has been involved in the incident and knows or is reckless as to whether or not a person has been killed or seriously harmed. Where the incident results in death the maximum penalty for the failure to stop and render assistance is 10 years imprisonment. Where the incident results in serious harm the maximum penalty is 7 years imprisonment.
Clause 6. New section 180A
The proposed section makes it a crime to throw a thing or direct a laser pointer at a vehicle or vessel in circumstances in which that act gives rise to a danger of harm to any person in or on the vehicle or vessel. There are two fault elements for this offence. The first is that the person intentionally threw the thing or directed the laser pointer. Throwing is defined as including dropping or propelling. The second fault element is that the person knew or was reckless as to whether or not his or her act gave rise to a danger of harm to any person in or on the vehicle or vessel. Proof of actual harm is not required.
A laser pointer is defined. The definition is the same as that in the Weapons Control Regulations. Vehicle is also defined as being any mode of transport that can be used on a road or track.
The maximum penalty is 4 years imprisonment.
Clause 7. Amendment of Schedule 1
Schedule 1 is amended to include sections 174FA and 180A, confirming they are subject to the provisions of criminal responsibility contained in Part IIAA of the Criminal Code.