• Specific Year
    Any

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 19ADA

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 19ADA

19ADA—Extreme speed

        (1)         A person who drives a motor vehicle at an extreme speed is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 3 years;

            (b)         for an aggravated offence—imprisonment for 5 years.

        (2)         For the purposes of subsection (1), a person drives a motor vehicle at an extreme speed if—

            (a)         the relevant speed limit is 60 kilometres an hour or less and the person drives the vehicle at a speed exceeding the relevant speed limit by 55 kilometres an hour or more; or

            (b)         the relevant speed limit is more than 60 kilometres an hour and the person drives the vehicle at a speed exceeding the relevant speed limit by 80 kilometres an hour or more.

        (3)         Subsection (1) does not apply to the driver of an emergency vehicle if—

            (a)         in the circumstances—

                  (i)         the driver is taking reasonable care; and

                  (ii)         it is reasonable that the provision should not apply; and

            (b)         if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

        (4)         Subsection (3)(b) does not apply to a vehicle used by a police officer if, in the circumstances, it is reasonable—

            (a)         not to display the light or sound the alarm; or

            (b)         for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

        (5)         If a court convicts a person of an offence against subsection (1), the following provisions apply:

            (a)         the court must order that the person is disqualified from holding or obtaining a driver's licence for the following period:

                  (i)         for a first offence—

                        (A)         if the offence is a basic offence—such period, being not less than 2 years, as the court thinks fit; or

                        (B)         if the offence is an aggravated offence—such period, being not less than 5 years, as the court thinks fit;

                  (ii)         for a subsequent offence—such period, being not less than 5 years, as the court thinks fit;

            (b)         the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;

            (c)         if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.

        (6)         If a person is tried on a charge of an offence against section 29

            (a)         the person may not be convicted of both the offence against section 29 and an offence against subsection (1) if the charge under subsection (1) arises out of the same set of circumstances that gave rise to the charge under section 29; and

            (b)         an offence against subsection (1) is not available as an alternative verdict to the charge under section 29 unless the offence against subsection (1) was specified in the instrument of charge as an alternative offence.

        (7)         In determining whether an offence is a first or subsequent offence for the purposes of this section—

            (a)         a previous offence against section 45A or 46 of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account; and

            (b)         a previous offence (whenever occurring) against this section or another provision of this Division, or a corresponding previous enactment, for which the defendant has been convicted will be taken into account.

        (8)         This section is in addition to, and does not derogate from, any other provision relating to speed limits contained in the Road Traffic Act 1961 or the Motor Vehicles Act 1959 or any other Act or in any regulation, rule or by-law made under the Road Traffic Act 1961 or the Motor Vehicles Act 1959 or any other Act.

        (9)         Sections 22, 53B(5), 79B(10) and 175 of the Road Traffic Act 1961 apply in relation to an offence against subsection (1) as if a reference in any of those sections to an offence against that Act was a reference to an offence against subsection (1).

        (10)         In this section—

"emergency vehicle" means a motor vehicle used by a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section;

"relevant speed limit", for a person who drives a motor vehicle, means a speed limit that applies to the driver under—

            (a)         the Road Traffic Act 1961 (other than section 82 or 83); or

            (b)         the Motor Vehicles Act 1959 .