Crimes (Culpable Driving) Bill

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Crimes (Culpable Driving) Bill

EXPLANATORY MEMORANDUM

Clause I sets out the purposes of the Bill.

Clause 2 provides that the Act is to commence upon proclamation.

Clause 3 makes two amendments to section 318 of the Crimes Act 1958. It amends section 318 (l) to increase the penalty for culpable driving to level 3 imprisonment (15 years) or a level three fine ($180,000) or both. It amends section 318 (6) with the effect that a person who has been prosecuted for culpable driving remains liable to be prosecuted for the summary offence of dangerous driving.

Clause 4 repeals section 44 of the Road Safety Act 1986.

C/ause 5 amends the offence created by section 64 of the Road Safety Act 1986 so that that section will prohibit driving a motor vehicle in a speed or manner that is dangerous to the public, having regard to all circumstances of the case. This combines present offences relating to recreational vehicles and driving on a highway and applies to dangerous driving in any place, public or otherwise. The penalty for dangerous driving is increased to 240 penalty units or two years imprisonment or both.

C/ause 6 is a statute law revision amendment.

Clause 7 is a transitional provision.

By Authority L. V. North, Government Pnnter Melbourne

2-1 3-{4S I J-700!29.4.92-920427--(Rev. No. 3)(922)

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