Crimes Amendment (Road Accidents) (Brendan's Law) Bill 2005 formerly known as "Crimes Amendment (Road Accidents) Bill 2005"

Crimes Amendment (Road Accidents)
Bill 2005

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to amend the Crimes Act 1900 and various other Acts with
respect to the obligations of drivers to stop and provide assistance where their
vehicles are involved in accidents that cause death or injury.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act (with minor
exceptions) on a day or days to be appointed by proclamation. The minor exceptions
comprise consequential amendments that relate to the uncommenced Road
Transport (General) Act 2005.
Clause 3 is a formal provision that gives effect to the amendment to the Crimes Act
1900 set out in Schedule 1.
Clause 4 is a formal provision that gives effect to the amendments to the Acts set out
in Schedule 2.
Schedule 1 Amendment of Crimes Act 1900
Schedule 1 inserts a new section 52AB into the Crimes Act 1900. The proposed
section makes it an offence for the driver of a vehicle that is involved in a collision
causing death or grievous bodily harm to fail to stop and give assistance in
circumstances in which he or she knows, or ought reasonably to know, that the
vehicle has been involved in such a collision. Where the collision causes death, the
maximum penalty for such a failure is imprisonment for 10 years. Where the
collision causes grievous bodily harm, the maximum penalty for such a failure is
imprisonment for 7 years.
Schedule 2 Amendment of other Acts
Schedule 2.1 amends the Criminal Procedure Act 1986 so as to provide that an
offence against proposed section 52AB of the Crimes Act 1900 will be dealt with
summarily unless the prosecution or person charged elects for it to be dealt with on
indictment. If dealt with summarily, the maximum penalty that can be imposed for
such an offence will be imprisonment for 18 months.
Schedule 2.2 amends the Road Transport (General) Act 1999 so as to provide for the
disqualification of a person from holding a driver licence in circumstances in which
the person is convicted of an offence under proposed section 52AB of the Crimes Act
1900.
Schedule 2.3 amends the (uncommenced) Road Transport (General) Act 2005 so as
to provide for the disqualification of a person from holding a driver licence in
circumstances in which the person is convicted of an offence under proposed section
52AB of the Crimes Act 1900.
Schedule 2.4 substitutes section 70 of the Road Transport (Safety and Traffic
Management) Act 1999. The proposed new section, which replaces an existing
section with respect to the giving of assistance at accidents involving death or injury,
is in similar terms to proposed section 52AB of the Crimes Act 1900, but is intended
to apply only where there is a collision where any injury appears to fall short of death
or grievous bodily harm. As with existing section 70, the maximum penalty for
failing to stop and give assistance is 30 penalty units or imprisonment for 18 months
or both (for a first offence) or 50 penalty units or imprisonment for 2 years or both
(for a second or subsequent offence).

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.