New South Wales Consolidated Acts New South Wales Consolidated Acts(cf STM Act, s 43)
(1) Offence--intent to menace A person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing that other person.: Maximum penalty--30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(2) Offence--possibility of menace A person must not drive a motor vehicle on a road in a manner that menaces another person if the person ought to have known that the other person might be menaced.: Maximum penalty--20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).
(3) Application of section This section applies--(a) whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and(b) whether or not that person or that property is on a road.
(4) Defence A person is not guilty of an offence against this section if the person could not, in the circumstances, reasonably avoid menacing the other person.
(5) Double jeopardy A person is not liable to be convicted of--(a) both an offence against subsection (1) and an offence against subsection (2), or(b) both an offence against this section and an offence against section 117,arising out of a single incident.