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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 84
Criminal
Code Amendment (Dangerous Driving During Pursuit) Bill
2014
Mr
Elferink
A Bill for an Act to amend the Criminal Code
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL CODE AMENDMENT (DANGEROUS DRIVING DURING PURSUIT) ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
174FB Dangerous
driving during pursuit
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to amend the Criminal Code
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Criminal Code Amendment (Dangerous Driving During Pursuit) Act 2014.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Criminal Code.
4 Part VI, Division 3A heading amended
Part VI, Division 3A, heading
omit
death or serious harm involving motor
insert
related offences involving
After section 174FA, in Part VI, Division 3A, Subdivision 2
insert
174FB Dangerous driving during pursuit
(1) The driver of a vehicle commits an offence if:
(a) a police officer gives the driver a direction to stop the vehicle under a law in force in the Territory; and
(b) the driver fails to comply with the direction; and
(c) a police officer pursues the vehicle; and
(d) the driver drives the vehicle dangerously while it is being pursued.
Maximum penalty: Imprisonment for 5 years.
Examples for subsection (1)(a) of laws under which a direction to stop may be given
1 Section 119A of the Police Administration Act.
2 Section 29AAB of the Traffic Act.
(2) For subsection (1):
(a) a police officer may be pursuing a vehicle even if the officer is not travelling at the same speed as the vehicle; and
(b) it is irrelevant that the officer's pursuit is suspended or ends before the vehicle being pursued stops; and
(c) a driver drives a vehicle dangerously if the driver drives the vehicle:
(i) while under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vehicle; or
(ii) at a speed that is dangerous to another person; or
(iii) in a manner that is dangerous to another person.
(3) An offence against subsection (1) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that the defendant believed, on reasonable grounds, that he or she was not given a direction to stop the vehicle by a police officer.
(5) In this section:
direction to stop, in relation to a vehicle, means any action taken by a police officer to indicate to the driver of the vehicle that the driver must stop the vehicle including, for example:
(a) the giving of hand signals or the display of signs; and
(b) if the officer is driving a vehicle – any of the following:
(i) the flashing of the vehicle's headlights;
(ii) the use of a lamp on the vehicle displaying intermittent red and blue flashes;
(iii) the sounding of an alarm, siren or other warning device from the vehicle.
driver, see section 174FA(2).
vehicle, see section 174FA(2).
(1) Schedule 1
omit
death or serious harm involving motor
insert
related offences involving
(2) Schedule 1
omit
Section 174FA (Hit and Run)
This Act expires on the day after it commences.
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