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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIMINAL CODE AMENDMENT (DANGEROUS
DRIVING) BILL 2017
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - TRAFFIC ACT 1925 AMENDED
3. Principal Act
4. Section 32 amended (Reckless driving)
PART 3 - CRIMINAL CODE ACT 1924 AMENDED
5. Principal Act
6. Schedule 1 amended (Criminal Code)
PART 4 - CORONERS ACT 1995 AMENDED
7. Principal Act
8. Section 25 amended (Procedure at inquest where person charged
with an offence)
PART 5 - MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
9. Principal Act
10. Section 18 amended (Recovery by Board from owner or driver
in certain cases)
11. Section 24 amended (Exclusions from scheduled benefits)
[Bill 43]-VI
12. Section 28B amended (Recovery by Board of scheduled
benefits)
PART 6 - PASSENGER TRANSPORT SERVICES ACT 2011
AMENDED
13. Principal Act
14. Section 3 amended (Interpretation)
PART 7 - ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970
AMENDED
15. Principal Act
16. Section 18A amended (Traffic infringement notice may be
issued in certain circumstances)
PART 8 - MISCELLANEOUS
17. Repeal of Act
2
CRIMINAL CODE AMENDMENT (DANGEROUS
DRIVING) BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
10 August 2017
(Brought in by the Minister for State Growth, acting for and
on behalf of the Minister for Justice, the Honourable Matthew
Guy Groom)
A BILL FOR
An Act to amend the Criminal Code Act 1924 and the
Traffic Act 1925 and to consequentially amend certain
other Acts
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Criminal Code
Amendment (Dangerous Driving) Act 2017.
2. Commencement
(1) Except as provided in this section, the provisions
of this Act commence on the day on which this
Act receives the Royal Assent.
[Bill 43] 3
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
s. 2 Part 1 - Preliminary
(2) Part 7 commences -
(a) on the day on which this Act receives the
Royal Assent, if the Road Safety
(Alcohol and Drugs) Amendment Act
2017 has not commenced on or before
that day; or
(b) on a day to be proclaimed, if the Road
Safety (Alcohol and Drugs) Amendment
Act 2017 has commenced on or before
the day on which this Act receives the
Royal Assent.
4
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
Part 2 - Traffic Act 1925 Amended s. 3
PART 2 - TRAFFIC ACT 1925 AMENDED
3. Principal Act
In this Part, the Traffic Act 1925* is referred to
as the Principal Act.
4. Section 32 amended (Reckless driving)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or at a
speed or in a manner that is dangerous to
the public,";
(b) by inserting the following subsection
after subsection (1):
(1A) For the avoidance of doubt, a
second or subsequent offence
under subsection (1) includes any
offence under that subsection
whether the offence occurred
before or after the
commencement of the Criminal
Code Amendment (Dangerous
Driving) Act 2017.
(c) by omitting from paragraph (a) of the
penalty under subsection (2A) "1 year"
and substituting "2 years";
*No. 38 of 1925
5
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
s. 4 Part 2 - Traffic Act 1925 Amended
(d) by omitting from paragraph (b) of the
penalty under subsection (2A) "2 years"
and substituting "3 years";
(e) by omitting from paragraph (a) of the
penalty under subsection (2B) "6
months" and substituting "1 year";
(f) by omitting from paragraph (b) of the
penalty under subsection (2B) "1 year"
and substituting "18 months".
6
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
Part 3 - Criminal Code Act 1924 Amended s. 5
PART 3 - CRIMINAL CODE ACT 1924 AMENDED
5. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
6. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting the following section after
section 172:
172A. Dangerous driving
Any person who drives a motor
vehicle on a public street at a
speed, or in a manner, that is
dangerous to the public, having
regard to all the circumstances of
the case, including the nature,
condition and use of the street,
and the amount of traffic which is
actually at the time, or which
might reasonably be expected to
be, on the street, is guilty of a
crime.
Charge: Dangerous driving.
(b) by inserting the following paragraph after
paragraph (ca) in section 334:
*No. 69 of 1924
7
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
s. 6 Part 3 - Criminal Code Act 1924 Amended
(cb) dangerous driving; or
(c) by omitting sections 334B and 334C and
substituting the following sections:
334B. Dangerous driving causing grievous
bodily harm
Upon an indictment for causing
grievous bodily harm by
dangerous driving, the accused
person may be convicted of -
(a) dangerous driving; or
(b) an offence under section
32(1) or (2B) of the
Traffic Act 1925.
334C. Causing death by dangerous driving
Upon an indictment for causing
death by dangerous driving, the
accused person may be convicted
of -
(a) dangerous driving; or
(b) an offence under section
32(1) or (2A) of the
Traffic Act 1925.
8
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
Part 4 - Coroners Act 1995 Amended s. 7
PART 4 - CORONERS ACT 1995 AMENDED
7. Principal Act
In this Part, the Coroners Act 1995* is referred
to as the Principal Act.
8. Section 25 amended (Procedure at inquest where
person charged with an offence)
Section 25(2) of the Principal Act is amended by
inserting after paragraph (e) the following
paragraph:
(ea) dangerous driving where the driving
caused an accident that resulted in the
death of the deceased; or
*No. 73 of 1995
9
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
s. 9 Part 5 - Motor Accidents (Liabilities and Compensation) Act 1973
Amended
PART 5 - MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
9. Principal Act
In this Part, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the
Principal Act.
10. Section 18 amended (Recovery by Board from
owner or driver in certain cases)
Section 18(3) of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (ac):
(ad) of dangerous driving; or
(b) by inserting in paragraph (d) "(ad)," after
"(ac),".
11. Section 24 amended (Exclusions from scheduled
benefits)
Section 24(2)(a) of the Principal Act is amended
as follows:
(a) by inserting the following subparagraph
after subparagraph (ib):
(ic) of dangerous driving; or
*No. 71 of 1973
10
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
Part 5 - Motor Accidents (Liabilities and Compensation) Act 1973 Amended s. 12
(b) by inserting in subparagraph (iv) "(ic),"
after "(ib),".
12. Section 28B amended (Recovery by Board of
scheduled benefits)
Section 28B(5) of the Principal Act is amended
as follows:
(a) by inserting the following paragraph after
paragraph (c):
(ca) of dangerous driving; or
(b) by inserting in paragraph (f) "(ca)," after
"(c),".
11
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
s. 13 Part 6 - Passenger Transport Services Act 2011 Amended
PART 6 - PASSENGER TRANSPORT SERVICES ACT
2011 AMENDED
13. Principal Act
In this Part, the Passenger Transport Services
Act 2011* is referred to as the Principal Act.
14. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting "170 and 172 of the Criminal Code"
from paragraph (b) of the definition of serious
offence and substituting "170, 172 and 172A of
the Criminal Code".
*No. 59 of 2011
12
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
Part 7 - Road Safety (Alcohol and Drugs) Act 1970 Amended s. 15
PART 7 - ROAD SAFETY (ALCOHOL AND DRUGS)
ACT 1970 AMENDED
15. Principal Act
In this Part, the Road Safety (Alcohol and Drugs)
Act 1970* is referred to as the Principal Act.
16. Section 18A amended (Traffic infringement notice
may be issued in certain circumstances)
Section 18A(1)(a) of the Principal Act is
amended by inserting after subparagraph (ii) the
following subparagraph:
(iia) the crime of dangerous driving; or
*No. 77 of 1970
13
Criminal Code Amendment (Dangerous Driving) Act 2017
Act No. of
s. 17 Part 8 - Miscellaneous
PART 8 - MISCELLANEOUS
17. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it receives
the Royal Assent, regardless of whether all of its
provisions have commenced.
14 Government Printer, Tasmania