South Australian Current Acts South Australian Current Acts (1) A person who
drives a vehicle at a speed exceeding, by 45 kilometres an hour or more,
a relevant speed limit is guilty of an offence.
Maximum penalty:
(a) in
the case of a first offence—
(i)
if the offence is a basic offence—a fine of not
less than $3 000 and not more than $5 000; or
(ii)
if the offence is an aggravated
offence—2 years imprisonment;
(b) in
the case of a subsequent offence—2 years imprisonment.
(3) If a court
convicts a person of an offence against subsection (1), the following
provisions apply:
(a) the
court must order that the person be disqualified from holding or obtaining a
driver's licence—
(i)
in the case of a first offence—
(A) if the offence is a
basic offence—for such period, being not less than 6 months, as the
court thinks fit; or
(B) if the offence is an
aggravated offence—for such period, being not less than 2 years, as
the court thinks fit;
(ii)
in the case of a subsequent offence—for such
period, being not less than 2 years, as the court thinks fit;
(b) the
disqualification prescribed by paragraph (a) cannot be reduced or
mitigated in any way or be substituted by any other penalty or sentence;
(c) if
the person is the holder of a driver's licence—the disqualification
operates to cancel the licence as from the commencement of the period of
disqualification.
(4) In determining
whether an offence is a first or subsequent offence for the purposes of this
section—
(a) any
previous offence against subsection (1); and
(b) any
previous offence against section 46 (whether committed before or after
the commencement of this section),
for which the defendant has been convicted or that the defendant has expiated
will be taken into account, but only if the previous offence was committed or
alleged to have been committed within the period of 5 years immediately
preceding the date on which the offence under consideration was allegedly
committed.
(4a) For the
purposes of this section, an "aggravated offence" is—
(a) an
offence that caused harm to a person; or
(b) an
offence committed in any of the following circumstances:
(i)
the offender committed the offence in the course of
attempting to escape pursuit by a police officer;
(ii)
the offender was, at the time of the offence, driving a
vehicle knowing that the offender was disqualified, under the law of this
State or another State or Territory of the Commonwealth, from holding or
obtaining a driver's licence or that the offender's licence was suspended by
notice given under this Act;
(iii)
the offender committed the offence while there was
present in the offender's blood a concentration of .08 grams or more
of alcohol in 100 millilitres of blood;
(iv)
the offender was, at the time of the offence, driving a
vehicle in contravention of section 47 or 47BA;
(v)
the offender was, at the time of the offence, driving or
using a motor vehicle that—
(A) was stolen; or
(B) was being driven or used without the
consent of the owner of the vehicle,
and the offender knew, or was reckless with respect to, that fact;
(vi)
the offender committed the offence knowing that there
were 1 or more passengers in or on the motor vehicle;
(vii)
the offender committed the offence while the offender was
the holder of—
(A) a provisional licence; or
(B) a probationary licence; or
(C) a learner's permit; or
(D) an interstate provisional licence; or
(E) an interstate learner's permit,
(as defined in the Motor Vehicles Act 1959 ) authorising the holder to
drive a motor vehicle of the class driven by the offender at the time of the
offence;
(viii)
the offender committed the offence while the offender was
not, at the time of the offence, the holder of—
(A) a driver's licence; or
(B) a learner's permit; or
(C) an interstate licence; or
(D) an interstate learner's permit; or
(E) a foreign licence,
(as defined in the Motor Vehicles Act 1959 ) authorising the holder to
drive a motor vehicle of the class driven by the offender at the time of the
offence.
(4b) If a person is
charged with an aggravated offence against subsection (1), the
circumstances alleged to aggravate the offence must be stated in the
instrument of charge.
(5) This section is in
addition to, and does not derogate from, any other provision relating to speed
limits contained in this or any other Act or in any regulation, rule or by-law
made under this or any other Act.
(6) In this
section—
"basic offence" means an offence against subsection (1) that is not an
aggravated offence;
"harm" has the same meaning as in section 21 of the
Criminal Law Consolidation Act 1935 ;
"relevant speed limit", for a person who drives a motor vehicle, means a speed
limit that applies to the driver under—
(a) this
Act (other than section 82 or 83); or
(b) the
Motor Vehicles Act 1959 .