South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 5AA—Aggravated offences
(1) Section 5AA(1)—delete "committed in the following" and substitute:
committed in 1 or more of the following
(2) Section 5AA(1a)—delete "committed in the following" and substitute:
committed in 1 or more of the following
(3) Section 5AA(1a)—after paragraph (a) insert:
(ab) the offender was, at the time of the offence, driving a motor vehicle in a street race;
(4) Section 5AA(1b)—delete "committed in the following" and substitute:
committed in 1 or more of the following
(5) Section 5AA—after subsection (1b) insert:
(1c) For the purposes of section 19AD, an aggravated offence is an offence committed by the driver of a motor vehicle in 1 or more of the following circumstances:
(a) the offender knew that, at the time of the offence, he or she was driving the motor vehicle in circumstances of heightened risk;
(b) the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle;
(c) the offender knew, or ought reasonably to have known, that, at the time of the offence, he or she was driving a motor vehicle that had a major defect.
(6) Section 5AA(5)—after the definition of "child" insert:
"circumstances of heightened risk", in relation to the driving of a motor vehicle, means—
(a) driving the motor vehicle between sunset on one day and sunrise on the next day; or
(b) driving the motor vehicle in circumstances where traction between the vehicle and the surface being driven on is adversely affected; or
(c) driving the motor vehicle in circumstances where visibility is adversely affected;
"major defect"—a motor vehicle has a major defect if use of the motor vehicle constitutes a serious risk to the safety of any person;
"street race" has the meaning given in section 19AD.