South Australian Numbered Acts

CRIMINAL LAW CONSOLIDATION (DANGEROUS DRIVING) AMENDMENT ACT 2006 (NO 14 OF 2006) - SECT 4

4—Amendment of section 5AA—Aggravated offences

        (1)         Section 5AA(1)—delete "Subject to subsection (1a)" and substitute:

Subject to this section

        (2)         Section 5AA(1a)(d)—delete ".15 grams" and substitute:

.08 grams

        (3)         Section 5AA(1a)(e)—delete "or 47" and substitute:

, 47 or 47BA

        (4)         Section 5AA—after subsection (1a) insert:

        (1b)         For the purposes of section 19AC, an aggravated offence is an offence committed in the following circumstances:

            (a)         the offender was, at the time of the offence, driving or using a motor vehicle that—

                  (i)         was stolen; or

                  (ii)         was being driven or used without the consent of the owner of the vehicle,

and the offender knew, or was reckless with respect to, that fact;

            (b)         the offender was, at the time of the offence, driving a motor vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961 ;

            (c)         the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;

            (d)         the offender was, at the time of the offence, driving a motor vehicle in contravention of section 47 or 47BA of the Road Traffic Act 1961 .