South Australian Numbered Acts South Australian Numbered Acts18—Amendment of section 43—Duty to stop, give assistance and
present to police where person killed or injured
(1) Section
43(1)—delete subsection (1) and substitute:
(1) The driver of a
vehicle involved in an accident in which a person is killed or injured
must—
(a)
immediately after the accident—
(i)
stop the vehicle; and
(ii)
give all possible assistance; and
(b) not
more than 90 minutes after the accident, present himself or herself to a
member of the police force at the scene of the accident or at a police station
for the purpose of providing particulars of the accident and submitting to any
requirement to undergo a test relating to the presence of alcohol or a drug in
his or her blood or oral fluid.
Penalty:
(a)
imprisonment for 5 years; and
(b)
disqualification from holding or obtaining a driver's licence for such period,
being not less than 1 year, as the court thinks fit.
(2) Section
43(3)—delete subsection (3) and substitute:
(3) It is a defence to
a charge of an offence against subsection (1) to prove that—
(a) the
defendant was unaware that the accident had occurred and that the defendant's
lack of awareness was reasonable in the circumstances; or
(b) in
relation only to a failure to comply with subsection (1)(a), the
defendant—
(i)
genuinely believed on reasonable grounds that compliance
with subsection (1)(a) would endanger his or her physical safety, or the
physical safety of another person; and
(ii)
at the earliest opportunity notified police, ambulance or
some other authority responsible for providing emergency services of the
accident; or
(c) in
relation only to a failure to comply with subsection (1)(b), the
defendant—
(i)
had a reasonable excuse for the failure to comply; and
(ii)
presented himself or herself to a member of the police
force as soon as possible after the accident.