South Australian Numbered Acts

STATUTES AMENDMENT (VEHICLE AND VESSEL OFFENCES) ACT 2005 (NO 81 OF 2005) - SECT 5

5—Amendment of section 5AA—Aggravated offences

        (1)         Section 5AA(1)—delete "An" and substitute:

Subject to subsection (1a), an

        (2)         Section 5AA—after subsection (1) insert:

        (1a)         For the purposes of section 19A, an aggravated offence is an offence committed in the following circumstances:

            (a)         the offender committed the offence in the course of attempting to escape pursuit by a police officer;

            (b)         the offender was, at the time of the offence, driving a vehicle knowing that he or she 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 his or her licence was suspended by notice given under the Road Traffic Act 1961 ;

            (c)         the offender committed the offence as part of a prolonged, persistent and deliberate course of very bad driving or vessel operation;

            (d)         the offender committed the offence while there was present in his or her blood a concentration of .15 grams or more of alcohol in 100 millilitres of blood;

            (e)         the offender was, at the time of the offence, driving a vehicle in contravention of section 45A or 47 of the Road Traffic Act 1961 or operating a vessel in contravention of section 70(1) of the Harbors and Navigation Act 1993 .