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PARLIAMENT OF VICTORIA
Crimes Amendment (Unlicensed Drivers) Bill 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 1
Part 2--Offence of unlicensed driving causing serious injury or
death 2
3 New section 319AAB inserted 2
Part 3--Repeal of amending Act 4
4 Repeal of amending Act 4
═════════════
Endnotes 5
1 General information 5
581PM38B.I-22/5/2018 i BILL LC INTRODUCTION 22/5/2018
PARLIAMENT OF VICTORIA
Introduced in the Council by Rachel Carling-Jenkins
Crimes Amendment (Unlicensed
Drivers) Bill 2018
A Bill for an Act to amend the Crimes Act 1958 to create an offence
relating to driving causing serious injury or death, in circumstances
where the driver is unlicensed, and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The main purpose of this Act is to amend
the Crimes Act 1958 to create an offence of
5 unlicensed driving causing serious injury or death.
2 Commencement
This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
581PM38B.I-22/5/2018 1 BILL LC INTRODUCTION 22/5/2018
Crimes Amendment (Unlicensed Drivers) Bill 2018
Part 2--Offence of unlicensed driving causing serious injury or death
Part 2--Offence of unlicensed driving
causing serious injury or death
3 New section 319AAB inserted
After section 319AA of the Crimes Act 1958
5 insert--
"319AAB Unlicensed driving causing serious injury
or death
(1) Subject to subsection (2), a person who--
(a) drives a motor vehicle knowing that,
10 or being reckless as to whether, they
are an unlicensed driver; and
(b) causes serious injury to another person
by driving the motor vehicle--
is guilty of an offence and liable to level 6
15 imprisonment (5 years maximum).
(2) A person is not guilty of an offence against
subsection (1) if the court is satisfied that--
(a) the person has held an appropriate
licence (whether issued in Victoria or
20 in another State, Territory or country)
at some time before the commission of
an offence against subsection (1); and
(b) the licence was not cancelled for an
offence relating to the driving of a
25 motor vehicle committed by the person
in Victoria or in another State, Territory
or country; and
(c) at the time the serious injury was
caused, the person was observing
30 the standard of care in relation to the
driving of the motor vehicle which a
reasonable person would have observed
in all the circumstances of the case.
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Crimes Amendment (Unlicensed Drivers) Bill 2018
Part 2--Offence of unlicensed driving causing serious injury or death
(3) Subject to subsection (4), a person who--
(a) drives a motor vehicle knowing that,
or being reckless as to whether, they
are an unlicensed driver; and
5 (b) causes the death of another person by
driving the motor vehicle--
is guilty of an offence and liable to level 5
imprisonment (10 years maximum).
(4) A person is not guilty of an offence against
10 subsection (3) if the court is satisfied that--
(a) the person has held an appropriate
licence (whether issued in Victoria or
in another State, Territory or country)
at some time before the commission of
15 an offence against subsection (3); and
(b) the licence was not cancelled for an
offence relating to the driving of a
motor vehicle committed by the person
in Victoria or in another State, Territory
20 or country; and
(c) at the time the death was caused, the
person was observing the standard of
care in relation to the driving of the
motor vehicle which a reasonable
25 person would have observed in all
the circumstances of the case.
(5) In this section--
serious injury has the meaning given by
section 15;
30 unlicensed driver has the same meaning as
in Division 1 of Part 4 of the Road
Safety Act 1986.".
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Crimes Amendment (Unlicensed Drivers) Bill 2018
Part 3--Repeal of amending Act
Part 3--Repeal of amending Act
4 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Crimes Amendment (Unlicensed Drivers) Bill 2018
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
581PM38B.I-22/5/2018 5 BILL LC INTRODUCTION 22/5/2018
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