Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to create a new indictable offence of failing to stop a vehicle
and driving the vehicle recklessly, or at a speed or in a manner dangerous to others,
after becoming aware that police officers are in pursuit of the vehicle. The Bill also
makes other consequential amendments including licence disqualification for
persons convicted of the new offence.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 amends the Act to create a new indictable offence of failing to stop a
vehicle and driving the vehicle recklessly, or at a speed or in a manner dangerous to
others, after becoming aware that police officers are in pursuit of the vehicle. The

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Explanatory note page 2

Crimes Amendment (Police Pursuits) Bill 2010
Explanatory note
maximum penalty will be imprisonment for 3 years for a first offence, or
imprisonment for 5 years for an offence on a second or subsequent occasion.

Schedule 2 Amendment of Criminal Procedure
Act 1986 No 209
Schedule 2 amends the Act to enable the new indictable offence to be tried
summarily by the Local Court unless the prosecutor elects to have the offence dealt
with on indictment before a jury.

Schedule 3 Amendment of Road Transport (General)
Act 2005 No 11
Schedule 3 amends the Act to apply the driver licence disqualification provisions to
persons convicted of the new offence (by extending the definition of convicted
person in section 188 of the Act to include those persons). As a consequence, the
conviction will also amount to a "major offence" for the purposes of the Act.

Classification as a major offence makes any such convicted person liable to a
declaration that the person is an "habitual traffic offender" and therefore subject to
longer periods of disqualification from holding a driver licence.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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