Queensland Numbered Acts Queensland Numbered Acts(1) Section 328A(2)(b)--
renumber as section 328A(2)(c).
(2) Section 328A(2)--
insert--
'(b) at the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or'.
(3) Section 328A(4), from 'liable upon conviction', first mention--
omit, insert--
'liable on conviction on indictment--
(a) to imprisonment for 10 years, if neither paragraph (b) nor (c) applies; or
(b) to imprisonment for 14 years if, at the time of committing the offence, the offender is--
(i) adversely affected by an intoxicating substance; or
(ii) excessively speeding; or
(iii) taking part in an unlawful race or unlawful speed trial; or
(c) to imprisonment for 14 years, if the offender knows, or ought reasonably know, the other person has been killed or injured, and the offender leaves the scene of the incident, other than to obtain medical or other help for the other person, before a police officer arrives.'.
(4) Section 328A(5), definitions high alcohol limit and place--
omit.
(5) Section 328A(5)--
insert--
'excessively speeding means driving or operating a vehicle at a speed more than 40km/h over the speed limit applying to the driver under the Transport Operations (Road Use Management) Act 1995.
place does not include a place being lawfully used to race or test vehicles under a licence or another authority under an Act and from which other traffic is excluded at the time.
unlawful race means a race involving a vehicle in contravention of the Transport Operations (Road Use Management) Act 1995, section 85.
unlawful speed trial mean a trial of the speed of a vehicle in contravention of the Transport Operations (Road Use Management) Act 1995, section 85.'.
(6) Section 328A(5) and (6)--
relocate and renumber as section 328A(6) and (5) respectively.