South Australian Numbered Acts South Australian Numbered ActsAfter section 19AC insert:
19AD—Street racing
(1) A person who participates in a street race, or in preparations for a proposed street race, is guilty of an offence.
Maximum penalty:
(a) for a first offence that is a basic offence—imprisonment for 3 years and disqualification from holding or obtaining a driver's licence for 1 year or such longer period as the court orders;
(b) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for 5 years and disqualification from holding or obtaining a driver's licence for 3 years or such longer period as the court orders.
(2) For the purposes of this section, a person participates in a street race, or in preparations for a proposed street race, if the person—
(a) drives a motor vehicle in the street race; or
(b) promotes, or assists in the promotion of, the street race or proposed street race in any way; or
(c) engages in any other conduct that assists, or is intended to assist, in the street race or proposed street race taking place.
(3) However, subsection (1) does not apply to a street race that occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place.
(4) Where a person is, on conviction of an offence against this section, disqualified from holding or obtaining a driver's licence—
(a) the disqualification operates to cancel any driver's licence held by the convicted person as at the commencement of the period of disqualification; and
(b) the disqualification may not be reduced or mitigated in any way or be substituted by any other penalty or sentence.
(5) For the avoidance of doubt, a person may be found guilty of an offence against this section relating to a proposed street race whether or not the street race in fact took place.
(6) In determining whether an offence is a first or subsequent offence for the purposes of this section—
(a) a previous offence against section 45A, 46, 47 or 47B (other than a category 1 offence against that section) of the Road Traffic Act 1961 for which the defendant has been convicted and that was committed within the period of 5 years immediately preceding the commission of the offence under consideration will be taken into account; and
(b) a previous offence (whenever occurring) against this section or another provision of this Division, or a corresponding previous enactment, for which the defendant has been convicted will be taken into account.
"promote", in relation to a street race or proposed street race, includes—
(a) organise or conduct the street race; or
(b) offer an inducement to another person to participate in the street race;
"road" and "road-related area" have the same meaning as in the Road Traffic Act 1961 ;
"street race" means any or all of the following when conducted on a road or a road-related area:
(a) a race between 2 or more motor vehicles (whether the race is a drag race or otherwise, and whether the race is over a predetermined or indeterminate course);
(b) a trial to determine how quickly a motor vehicle can cover the distance between 2 points;
(c) a competition between, or display involving, 2 or more motor vehicles consisting of or including the production of sustained wheel spin;
(d) a trial of a motor vehicle's speed or performance, or of a driver's skill,
but does not include conduct declared by the regulations not to be included within the ambit of this definition.
(8) A regulation made for the purposes of the definition of "street race may confer a discretionary power on the Attorney-General, the Commissioner of Police or any other specified person or body.