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Disqualifications) Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(a) to increase the maximum fines or periods of imprisonment that may be
imposed by a court on persons convicted of various traffic offences,
and
(b) to increase or impose automatic minimum periods of disqualification
from driving arising from convictions for various traffic offences,
including:
(i)
doubling
existing
minimum
periods
of
automatic
disqualification.
(ii)
the imposition of an automatic minimum disqualification of
1 month for a speeding offence of exceeding the limit by more
than 30 kph (but not more than 45 kph).
* Amended in committee--see table at end of volume.
(iii) the imposition of automatic minimum disqualification of 3 years
on persons who are convicted of driving without ever having
obtained a licence and who have previously been convicted of a
major traffic offence or been convicted on a previous occasion
for driving without a licence (or have been previously issued
with a penalty notice for allegedly driving without a licence),
(iv) the mandatory imposition (with minor exceptions) of periods of
5 years' disqualification for certain habitual traffic offenders
(generally persons convicted of major and certain other traffic
offences on 3 occasions in 5 years), and
(c) to make other changes with respect to penalties and licence
cancellation.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Traffic
Act 1909 set out in Schedule 1.
Schedule 1 Amendments to the Traffic Act 1909
General increases in penalties and disqualifications
Schedule 1 [1][57] and [59] give effect to the proposed increases in court
imposed penalties and disqualifications. They are summarised in the
Appendix to this Explanatory note.
Habitual traffic offenders scheme
Schedule 1 [58] gives effect to a scheme with respect to the declaration of
habitual traffic offenders. The principal features of the scheme are as follows:
(1) The scheme provides for an automatic declaration as a habitual traffic
offender and a mandatory 5-year disqualification from driving on the
third conviction (and on each subsequent conviction) in 5 years for
relevant traffic offences.
(2) The relevant traffic offences include offences under the Crimes Act
1900 in which death or bodily harm is caused by the driving of a motor
vehicle, negligent driving causing death or grievous bodily harm,
Explanatory note page 2
reckless or dangerous driving, driving when affected by alcohol or
drugs, speeding by more than 45 kph over the limit, driving without a
licence or while disqualified. The relevant offences include any
offence for which a person is convicted in another State or Territory, so
long as the offence is of the same kind as a relevant offence committed
in this State.
(3) There is no court appeal against the declaration of a habitual traffic
offender or the disqualification imposed by the declaration.
(4) The disqualification is in addition to the court penalty and mandatory
disqualification for that third or subsequent conviction--the 5-year
disqualification (and each additional 5-year disqualification) will not
commence until all existing disqualifications are completed.
(5) The scheme enables the court to remove the declaration or to reduce
the disqualification to a period of not less than 2 years (but only in
special cases where the 5-year disqualification would be
disproportionate and unjust).
(6) The scheme will apply to a third offence that would trigger a
declaration of a habitual traffic offender even though the person is not
convicted but the charge is only found to be proven under section
556A of the Crimes Act 1900.
(7) The scheme requires the 3 traffic offences giving rise to the declaration
to have occurred on different occasions.
Appendix
Summary of increased penalties and
disqualifications
Notes.
(1)
A period of disqualification is a period of automatic disqualification
from driving that is imposed by the Act by virtue of the conviction for
the offence concerned (and generally without any specific order of the
court).
(2)
Where the maximum court penalty is a fine of a specified number of
penalty units or a period of imprisonment, the court may generally
impose both that fine and period of imprisonment.
(3)
A reference to a second or subsequent offence is generally a reference
to the second or subsequent occasion on which the offence was
committed in the previous 5 years or the first occasion on which it was
committed if the person had committed a major offence (referred to in
section 10A of the Act) within the previous 5 years, eg major offences
include offences under the Crimes Act 1900 in which death or bodily
harm is caused by the driving of a motor vehicle, negligent driving
Explanatory note page 3
causing death or grievous bodily harm, reckless or dangerous driving,
and driving when affected by alcohol or drugs.
(4) The Bill extends the category of major offences as referred to in
section 10A of the Act to negligent driving under section 4 of the Act
that causes death or grievous bodily harm (Schedule 1 [42]).
(5) The Bill extends the category of offences for which a court may under
section 556A of the Crimes Act 1900 find a charge for the offence
proven (but not proceed to a conviction) to the offence of negligent
driving under section 4 of the Act that causes death or grievous bodily
harm (Schedule 1 [41]).
(6) At present the value of a penalty unit is $110.
1 Negligent driving--section 4
1.1 Maximum court penalty
( 1) For a first offence
(a) if the negligent driving occasions death--30 penalty
units or 18 months imprisonment [existing penalty:
20 penalty units or 12 months imprisonment],
(b) if the negligent driving occasions grievous bodily
harm--20 penalty units or 9 months imprisonment
[existing penalty: 15 penalty units or 6 months
imprisonment],
(c) in any other case--l0 penalty units [existing penalty:
5 penalty units].
(2) For a second or subsequent offence
(a) if the negligent driving occasions death--50 penalty
units or 2 years imprisonment [existing penalty:
20 penalty units or 12 months imprisonment],
(b) if the negligent driving occasions grievous bodily
harm--30 penalty units or 12 months imprisonment
[existing penalty: 15 penalty units or 6 months
imprisonment],
(c) in any other case--l0 penalty units [existing penalty:
5 penalty units].
Explanatory note page 4
1.2
Disqualification
(1) For a first offence
(a) if the negligent driving occasions death or grievous
bodily harm--l2 months minimum and 3 years
maximum disqualification [existing disqualification:
such period (if any) as determined by court],
(b) in any other case--such period (if any) as determined
by court [existing disqualification: same].
(2) For a second or subsequent offence
(a) if the negligent driving occasions death or grievous
bodily harm--2 years minimum and 5 years maximum
disqualification [existing disqualification: such period
(if any) as determined by court],
(b) in any other case--such period (if any) as determined
by court [existing disqualification: same].
2
Furious, reckless or dangerous driving--section 4
2.1
Maximum court penalty
(1) For a first offence--20 penalty units or 9 months
imprisonment [existing penalty: 15 penalty units or 9 months
imprisonment].
(2)
For a second or subsequent offence--30 penalty units or
12 months imprisonment [existing penalty: 20 penalty units
or 12 months imprisonment].
2.2
Disqualification
(1)
For a first offence--l2 months minimum and 3 years
maximum disqualification [existing disqualification: 6 months
minimum and 3 years maximum].
(2)
For a second or subsequent offence--2 years minimum and
5 years maximum disqualification [existing disqualification:
12 months minimum and 5 years maximum].
Explanatory note page 5
3
Speeding offences--section 4A
3.1
Maximum court penalty
(1)
If the speed exceeds the limit by more than 45 kph--30
penalty units in the case of a heavy motor vehicle or coach,
and 20 penalty units for any other vehicle [existing penalty:
20 penalty units].
(2)
If the speed exceeds the limit by less than 45 kph--20 penalty
units [existing penalty: same].
3.2
Disqualification
(1)
If the speed exceeds the limit by more than 45 kph--3 months
minimum and any additional period determined by court
[existing disqualification: same].
(2)
If the speed exceeds the limit by more than 30 kph but not
more than 45 kph--1 month minimum and any additional
period determined by court [existing disqualification: such
period (if any) as determined by court].
(3)
If the speed exceeds the limit by less than 30 kph--such
period (if any) as determined by court [existing
disqualification: same].
4
Prescribed concentration of alcohol in blood-section 4E
4.1
Maximum court penalty
(1)
For a first offence
(a)
special and low range--l0 penalty units [existing
penalty: 5 penalty units],
(b)
middle range--20 penalty units or 9 months
imprisonment [existing penalty: 10 penalty units or
6 months imprisonment],
(c)
high range--30 penalty units or 18 months
imprisonment [existing penalty: 15 penalty units or
9 months imprisonment].
Explanatory note page 6
(2) For a second or subsequent offence
(a) special and low range--20 penalty units [existing
penalty: 10 penalty units],
(b) middle range--30 penalty units or 12 months
imprisonment [existing penalty: 10 penalty units or
6 months imprisonment],
(c) high range--50 penalty units or 2 years imprisonment
[existing penalty: 20 penalty units or 12 months
imprisonment].
4.2 Disqualification
(1) For a first offence
(a) special and low range--3 months minimum and
6 months maximum disqualification [existing
disqualification: 3 months maximum for special range
and 6 months maximum for low range],
(b) middle range--6 months minimum and 12 months
maximum disqualification [existing disqualification:
3 months minimum and 12 months nominal
maximum],
(c) high range--l2 months minimum and 3 years
maximum disqualification [existing disqualification:
6 months minimum and 3 years nominal maximum].
(2) For a second or subsequent offence
(a) special and low range--6 months minimum and
12 months maximum disqualification [existing
disqualification: 3 months minimum and 12 months
nominal maximum].
(b) middle range--l2 months minimum and 3 years
maximum disqualification [existing disqualification:
6 months minimum and 3 years nominal maximum].
(c) high range--2 years minimum and 5 years maximum
disqualification [existing disqualification: 12 months
minimum and 5 years nominal maximum].
Note. For middle range alcohol offences, immediate licence suspension
on being charged will apply as in the case with high range offences at
present-see Schedule 1 [56] and [57].
Explanatory note page 7
5
Refuse breath analysis or alter concentration of alcohol in
blood-sections 4E (7) and 4F (7)
The proposed court penalties and disqualifications (and
existing penalties and disqualifications) are at the same levels
as for high range alcohol offences.
6
Driving under influence of drugs and related offences of
refusing blood test etc-sections 5 (2), 4E (7) and 4F (7)
The proposed court penalties and disqualifications also
increased in line with increases for similar offences relating to
alcohol.
7
Unlicensed driving or driving while disqualified or after
refusal of licence-sections 6 (1) (a) and 7A
7.1
Maximum court penalty
(1) For a first offence
(a) if the person has never been licensed or otherwise does
not have a licence for the relevant category of vehicle
(s 6)--20 penalty units [existing penalty: same],
(b) if the person has been refused a licence or has been
disqualified (s 7A)--30 penalty units or 18 months
imprisonment [existing penalty: 10 penalty units or
6 months imprisonment].
(2) For a second or subsequent offence
(a)
if the person has never been licensed (s 6)--30 penalty
units or 18 months imprisonment [existing penalty:
20 penalty units],
(b)
if the person otherwise does not have a licence for the
relevant category of vehicle (s 6)--20 penalty units
[existing penalty: same].
(c)
if the person has been refused a licence or has been
disqualified (s 7A)--50 penalty units or 2 years
imprisonment [existing penalty: 10 penalty units or
6 months imprisonment].
Explanatory note page 8
7.2
Disqualification
(1)
For a first offence
(a)
if the person has never been licensed or otherwise does
not have licence for the relevant category of vehicle
(s 6)--such period (if any) as is determined by the
court [existing disqualification: same],
(b)
if the person has been refused a licence or has been
disqualified (s 7A)--1 year minimum and any
additional period determined by court [existing
disqualification: 6 months minimum and any additional
period determined by court].
(2)
For a second or subsequent offence
(a)
if the person has never been licensed (s 6)--3 years
fixed disqualification [existing disqualification: such
period (if any) as is determined by court],
(b)
if the person otherwise does not have a licence for the
relevant category of vehicle (s 6)--such period (if any)
as is determined by the court [existing disqualification:
same],
(c)
if the person has been refused a licence or has been
disqualified (s 7A)--2 years minimum and any
additional period determined by court [existing
disqualification: 6 months minimum and any additional
period determined by court].
8
Failing to stop after an accident--section 8
8.1
Maximum court penalty
(1)
For a first offence--30 penalty units or 18 months
imprisonment [existing penalty: 15 penalty units or 9 months
imprisonment].
(2)
For a second or subsequent offence--50 penalty units or
2 years imprisonment [existing penalty: 20 penalty units or
12 months imprisonment].
Explanatory note page 9
8.2 Disqualification
(1) For a first offence--l2 months minimum and 3 years
maximum disqualification [existing disqualification: 6 months
minimum and 3 years nominal maximum].
(2) For a second or subsequent offence--2 years minimum and
5 years maximum disqualification [existing disqualification:
12 months minimum and 5 years nominal maximum].
9 Offences against Crimes Act 1900 resulting in death or
harm from the driving of a motor vehicle
Court penalties not changed. Disqualifications increased to
same levels as for high range alcohol offences.
Explanatory note page 10