South Australian Current Acts South Australian Current Acts (1) A person who
participates in a street race, or in preparations for a proposed street race,
is guilty of an offence.
Maximum penalty:
(a) for
a first offence that is a basic offence—imprisonment for 3 years
and disqualification from holding or obtaining a driver's licence for
1 year or such longer period as the court orders;
(b) for
a first offence that is an aggravated offence or for any subsequent
offence—imprisonment for 5 years and disqualification from holding
or obtaining a driver's licence for 3 years or such longer period as the
court orders.
(2) For the purposes
of this section, a person participates in a street race, or in preparations
for a proposed street race, if the person—
(a)
drives a motor vehicle in the street race; or
(b)
promotes, or assists in the promotion of, the street race or proposed
street race in any way; or
(c)
engages in any other conduct that assists, or is intended to assist, in the
street race or proposed street race taking place.
(3) However,
subsection (1) does not apply to a street race that occurs in a place
with the consent of the owner or occupier of the place or the person who has
the care, control and management of the place.
(4) Where a person is,
on conviction of an offence against this section, disqualified from holding or
obtaining a driver's licence—
(a) the
disqualification operates to cancel any driver's licence held by the convicted
person as at the commencement of the period of disqualification; and
(b) the
disqualification may not be reduced or mitigated in any way or be substituted
by any other penalty or sentence.
(5) For the avoidance
of doubt, a person may be found guilty of an offence against this section
relating to a proposed street race whether or not the street race in fact took
place.
(6) In determining
whether an offence is a first or subsequent offence for the purposes of this
section—
(a) a
previous offence against section 45A, 46, 47 or 47B (other than a
category 1 offence against that section) of the Road Traffic
Act 1961 for which the defendant has been convicted and that was
committed within the period of 5 years immediately preceding the
commission of the offence under consideration will be taken into account; and
(b) a
previous offence (whenever occurring) against this section or another
provision of this Division, or a corresponding previous enactment, for which
the defendant has been convicted will be taken into account.
"promote", in relation to a street race or proposed street race,
includes—
(a)
organise or conduct the street race; or
(b)
offer an inducement to another person to participate in the street race;
"road" and "road-related area" have the same meaning as in the
Road Traffic Act 1961 ;
"street race" means any or all of the following when conducted on a road or a
road-related area:
(a) a
race between 2 or more motor vehicles (whether the race is a drag race or
otherwise, and whether the race is over a predetermined or indeterminate
course);
(b) a
trial to determine how quickly a motor vehicle can cover the distance between
2 points;
(c) a
competition between, or display involving, 2 or more motor vehicles
consisting of or including the production of sustained wheel spin;
(d) a
trial of a motor vehicle's speed or performance, or of a driver's skill,
but does not include conduct declared by the regulations not to be included
within the ambit of this definition.
(8) A regulation made
for the purposes of the definition of "street race may confer a discretionary
power on the Attorney-General, the Commissioner of Police or any other
specified person or body.