Criminal Code Amendment (Dangerous Driving) Act 2017
An Act to amend the Criminal Code Act 1924 and the Traffic Act 1925 and to consequentially amend certain other Acts
[Royal Assent 19 September 2017]
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
This Act may be cited as the Criminal Code Amendment (Dangerous Driving) Act 2017 .
(1) Except as provided in this section, the provisions of this Act commence on the day on which this Act receives the Royal Assent.(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.
PART 2 - Traffic Act 1925 Amended
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";(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".
PART 3 - Criminal Code Act 1924 Amended
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 :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 :(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 .
PART 4 - Coroners Act 1995 Amended
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
PART 5 - Motor Accidents (Liabilities and Compensation) Act 1973 Amended
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(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) ,".
PART 6 - Passenger Transport Services Act 2011 Amended
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".
PART 7 - Road Safety (Alcohol and Drugs) Act 1970 Amended
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
PART 8 - Miscellaneous
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.
[Second reading presentation speech made in:
House of Assembly on 10 AUGUST 2017
Legislative Council on 22 AUGUST 2017]