Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Bill 2024 (SA)

South Australia Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Bill 2024 A Bill For An Act to amend the Road Traffic Act 1961.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Road Traffic Act 1961 3 Amendment of section 45A—Excessive speed 4 Amendment of section 46—Reckless and dangerous driving 5 Amendment of section 47—Driving under the influence 6 Amendment of section 47B—Driving while having prescribed concentration of alcohol in blood 7 Amendment of section 47BA—Driving with prescribed drug in oral fluid or blood

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Act 2024. 2—Commencement This Act comes into operation 3 months after the day on which it is assented to by the Governor.

Part 2—Amendment of Road Traffic Act 1961 3—Amendment of section 45A—Excessive speed (1) Section 45A(1), penalty provision, (a)(ii)—delete subparagraph (ii) and substitute: (ii) if the offence is an aggravated offence of a kind referred to in subsection (4a)(b)(vi) where 1 or more of the passengers in or on the motor vehicle was a child under the age of 16 years—3 years imprisonment; (iii) in the case of any other aggravated offence—2 years imprisonment; (2) Section 45A(1), penalty provision, (b)—delete "2 years" and substitute: 3 years 4—Amendment of section 46—Reckless and dangerous driving Section 46(1), penalty provision—delete the penalty provision and substitute: Maximum penalty: (a) in the case of a first offence— (i) where 1 or more passengers in or on the vehicle was a child under the age of 16 years—3 years imprisonment; (ii) in any other case—$5 000 or imprisonment for 2 years; (b) in the case of a subsequent offence—imprisonment for 3 years. 5—Amendment of section 47—Driving under the influence Section 47(1a)—delete "commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1)." and substitute: is guilty of an offence against this subsection. Penalty: (a) a fine of not less than $1 900 and not more than $2 900; or (b) imprisonment for not more than 6 months. 6—Amendment of section 47B—Driving while having prescribed concentration of alcohol in blood Section 47B(1a)—delete "commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1)." and substitute: is guilty of an offence against this subsection. Penalty: (a) for an offence— (i) being a category 2 offence—a fine of not less than $1 500 and not more than $2 200; (ii) being a category 3 offence—a fine of not less than $1 900 and not more than $2 900. 7—Amendment of section 47BA—Driving with prescribed drug in oral fluid or blood Section 47BA(1a)—delete "commits an offence against this subsection and is liable to the same penalty as is prescribed for an offence against subsection (1)." and substitute: is guilty of an offence against this subsection. Penalty: a fine of not less than $1 500 and not more than $2 200.