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

Overview of Bill

The object of this Bill is to amend the Crimes (Sentencing Procedure) Act 1999 to
make it an aggravating factor to be taken into account in sentencing an offender for
certain traffic offences if the offence is committed while a child under 16 years of age
is a passenger in the offender's vehicle (or if the offence is connected with the driving
of a vehicle with such a passenger). The traffic offences concerned include drink
driving, drug driving, driving in a police pursuit, dangerous driving under the
influence of alcohol or drugs and failing to undergo a test for alcohol or drugs.

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 (Sentencing
Procedure) Act 1999 No 92
Schedule 1 [1] provides that it is an aggravating factor if the offence was a
prescribed traffic offence and was committed while a child under 16 years of age
was a passenger in the offender's vehicle. Schedule 1 [3] specifies the prescribed
traffic offences, which are as follows:

(a) driving with the prescribed concentration of alcohol in the person's breath or
blood,

(b) driving with drugs in the person's oral fluid, blood or urine,

(c) driving under the influence of alcohol or drugs,

(d) refusing a breath test or analysis for alcohol or an oral fluid test or sample for
drugs,

(e) refusing, or preventing a medical practitioner or nurse from taking, a urine test
or blood sample, or wilfully altering a blood or urine sample,

(f) dangerous driving occasioning death or grievous bodily harm while under the
influence of alcohol or drugs or in a police pursuit,

(g) driving dangerously and not stopping when being pursued by police officers.

Schedule 1 [2] provides that certain prescribed traffic offences which may occur
away from the vehicle, such as at a police station or hospital, are taken to have been
committed while a child under 16 years of age was a passenger in the offender's
vehicle if the offence was part of a series of events that involved the driving of the
vehicle while the child was a passenger in the vehicle.

Schedule 1 [4] enables savings and transitional regulations to be made as a
consequence of the enactment of the proposed Act.

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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