South Australian Numbered Acts

STATUTES AMENDMENT (DRIVING OFFENCES) ACT 2010 (NO 18 OF 2010) - SECT 10

10—Amendment of section 46—Reckless and dangerous driving

Section 46—after subsection (4) insert:

        (5)         It is a defence to a charge of an offence against this section for the defendant to prove that he or she was, at the time of the offence—

            (a)         carrying out duties as an emergency worker; and

            (b)         acting in accordance with the directions of his or her employing authority; and

            (c)         acting reasonably in the circumstances as he or she believed them to be.

        (6)         In this section—

"emergency worker" means a police officer or a person who is an emergency worker as defined by the regulations for the purposes of this section;

"employing authority" means—

            (a)         in relation to a police officer—the Commissioner of Police; or

            (b)         in relation to a person who is an emergency worker as defined by the regulations for the purposes of this section—the person defined by the regulations as the employing authority for that person;