New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Crimes (Sentencing Procedure)
Amendment (Children in Vehicles) Bill
2011
No , 2011
A Bill for
An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make it an
aggravating factor in sentencing for certain traffic offences where a child was present
in the offender's vehicle.
Clause 1 Crimes (Sentencing Procedure) Amendment (Children in Vehicles) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Sentencing Procedure) Amendment (Children 3
in Vehicles) Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crimes (Sentencing Procedure) Amendment (Children in Vehicles) Bill 2011
Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 Schedule 1
Schedule 1 Amendment of Crimes (Sentencing 1
Procedure) Act 1999 No 92 2
[1] Section 21A Aggravating, mitigating and other factors in sentencing 3
Insert after section 21A (2) (o): 4
(p) without limiting paragraph (ea), the offence was a 5
prescribed traffic offence and was committed while a child 6
under 16 years of age was a passenger in the offender's 7
vehicle. 8
[2] Section 21A (5C) 9
Insert after section 21A (5B): 10
(5C) For the purpose of subsection (2) (p), an offence under section 11
13 (2), 15 (4), 18B (2), 18D (2), 22 (2), 24D (1) or 29 (2) of the 12
Road Transport (Safety and Traffic Management) Act 1999 is 13
taken to have been committed while a child under 16 years of age 14
was a passenger in the offender's vehicle if the offence was part 15
of a series of events that involved the driving of the vehicle while 16
the child was a passenger in the vehicle. 17
[3] Section 21A (6) 18
Insert in alphabetical order: 19
prescribed traffic offence means an offence under any of the 20
following provisions: 21
(a) sections 9, 11B (1) and (3), 12 (1), 13 (2), 15 (4), 18B (2), 22
18D (2), 22 (2), 24D (1) and 29 (2) of the Road Transport 23
(Safety and Traffic Management) Act 1999, 24
(b) sections 51B (1) and 52A (1) (a) and (3) (a) of the Crimes 25
Act 1900, 26
(c) section 52A (2) and (4) of the Crimes Act 1900 in the 27
circumstances of aggravation referred to in section 28
52A (7) (a), (c) or (d) of that Act. 29
Page 3
Crimes (Sentencing Procedure) Amendment (Children in Vehicles) Bill 2011
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
[4] Schedule 2 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Crimes (Sentencing Procedure) Amendment (Children in 3
Vehicles) Act 2011 4
Page 4
[Index] [Search] [Download] [Related Items] [Help]