Driving Offences (Miscellaneous Amendments) Act 2000
An Act to amend the Criminal Code Act 1924 , the Motor Accidents (Liabilities and Compensation) Act 1973 , the Road Safety (Alcohol and Drugs) Act 1970 , the Traffic Act 1925 and the Victims of Crime Compensation Act 1994
[Royal Assent 28 April 2000]
Be it enacted by His 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:
This Act may be cited as the Driving Offences (Miscellaneous Amendments) Act 2000 .
This Act commences on the day on which this Act receives the Royal Assent.
3. Criminal Code Act 1924 amended
Schedule 1 to the Criminal Code Act 1924 is amended as follows:(a) by inserting in Chapter XVII the following section after section 167A:167B. Dangerous driving causing grievous bodily harm
Any person who causes grievous bodily harm to another person by the driving of a motor vehicle at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case, including, in the case of the driving of a motor vehicle on a public street, the nature, condition and use of the street and the amount of traffic that is actually at that time, or that might reasonably be expected to be, on the street, is guilty of a crime.Charge: Causing grievous bodily harm by dangerous driving.(b) by inserting the following section after section 334A :334B. Dangerous driving causing grievous bodily harm
On an indictment for causing grievous bodily harm by dangerous driving the accused person may be convicted of dangerous driving.
4. Motor Accidents (Liabilities and Compensation) Act 1973 amended
The Motor Accidents (Liabilities and Compensation) Act 1973 is amended as follows:(a) by inserting the following paragraph after paragraph (ab) in section 18(3):(ac) of causing grievous bodily harm by dangerous driving; or(b) by omitting from section 18(3)(d) "paragraph (a), (ab), (b) or (c)" and substituting "paragraph (a), (ab), (ac), (b) or (c)";(c) by inserting the following subparagraph after subparagraph (ia) in section 24(2)(a):(ib) of causing grievous bodily harm by dangerous driving; or(d) by omitting from section 24(2)(a)(iv) "subparagraph (i), (ia), (ii) or (iii)" and substituting "subparagraph (i), (ia), (ib), (ii) or (iii)";(e) by inserting the following paragraph after paragraph (b) in section 28B(5):(ba) of causing grievous bodily harm by dangerous driving; or(f) by omitting from section 28B(5)(e) "paragraph (a), (b), (c) or (d)" and substituting "paragraph (a), (b), (ba), (c) or (d)".
5. Road Safety (Alcohol and Drugs) Act 1970 amended
The Road Safety (Alcohol and Drugs) Act 1970 is amended as follows:(a) by omitting from section 18A(1)(a)(iv) ", including an offence under that section that is a crime by virtue of subsection (4) of that section";(b) by omitting from section 22(2)(c) "(including an offence under that section that is a crime by virtue of subsection (4) thereof)".
6. Traffic Act 1925 amended
Section 32 of the Traffic Act 1925 is amended as follows:(a) by omitting subsection (2) and substituting the following subsections:(2) A person must not drive a motor vehicle on a public street negligently.Penalty: Fine not exceeding 5 penalty units.(2A) A person must not cause the death of another person by driving a motor vehicle on a public street negligently.(2B) A person must not cause grievous bodily harm to another person by driving a motor vehicle on a public street negligently.(2C) For the purpose of determining whether a person is driving a motor vehicle on a public street negligently, the following are to be taken into account:(a) the circumstances of the case;(b) the nature, condition and use of the public street;(c) the amount of traffic that is actually at the time, or that might reasonably be expected to be, on the public street.(b) by omitting from subsection (3) "contrary but subject to the right of election conferred by subsection (4) ," and substituting "contrary,";(c) by omitting subsections (4) , (4AA) , (4A) and (4B) .
7. Victims of Crime Compensation Act 1994 amended
Section 3 of the Victims of Crime Compensation Act 1994 is amended by omitting "under section 32 (1) , 32 (2) or 37 (1) of the Traffic Act 1925 " from paragraph (f) of the definition of serious offence and substituting "under section 32 or 37(1) of the Traffic Act 1925 ".
[Second reading presentation speech made in:
House of Assembly on 6 APRIL 2000
Legislative Council on 13 APRIL 2000]