South Australian Numbered Acts South Australian Numbered Acts5—Amendment of section 19A—Causing death or harm by use of vehicle or vessel
(1) Section 19A(5)—delete subsection (5) and substitute:
(5) In determining whether an offence is a first or subsequent offence for the purposes of this section a previous offence against—
(a) this section; or
(b) section 19AC; or
(c) section 46 of the Road Traffic Act 1961 ; or
(d) section 69A of the Harbors and Navigation Act 1993 ,
for which the defendant has been convicted will be taken into account.
(2) Section 19A—after subsection (9) insert:
(10) 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.
(11) 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.