Summary Offences (Vehicle Immobilisation Devices) Amendment Act 2003 (SA)

South Australia

Summary Offences (Vehicle Immobilisation Devices) Amendment Act 2003

An Act to amend the Summary Offences Act 1953.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Summary Offences (Vehicle Immobilisation Devices) Amendment Act 2003.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Summary Offences Act 1953

4—Amendment of section 4—Interpretation

Section 4(1)—after the definition of the Commissioner insert:

major offence means—

1. (a)

   an offence attracting a penalty or maximum penalty of life imprisonment or imprisonment for at least seven years; or

2. (b)

   an offence against section 86A(1) of the Criminal Law Consolidation Act 1935;

5—Amendment of section 74B—Road blocks

1. (1)

   Section 74B(1), definition of major offence—delete the definition

2. (2)

   Section 74B(2)(b)—delete "custody" and substitute:

   detention

6—Insertion of section 74BAA

After section 74B insert:

74BAA—Vehicle immobilisation devices

1. (1)

   If an authorised police officer believes on reasonable grounds that—

   1. (a)

      —

      1. (i)

         the driver of a motor vehicle has disobeyed, or is likely to disobey, a request or signal to stop given under this or any other Act; or

      2. (ii)

         the use of a vehicle immobilisation device would significantly improve the prospects of apprehending a person—

         1. (A)

            suspected of having committed a major offence; or

         2. (B)

            who has escaped from lawful detention; and

   2. (b)

      a vehicle immobilisation device can be used without undue risk to occupants of the vehicle or persons in the vicinity of the vehicle,

the officer may use a vehicle immobilisation device.

1. (2)

   The Governor may, by regulation made on the recommendation of the Minister, declare a device of a specified kind to be a vehicle immobilisation device.

2. (3)

   The Minister must not recommend that a device be declared a vehicle immobilisation device unless satisfied that—

   1. (a)

      the device has been adequately tested in the State or in conditions similar to those found in the State; and

   2. (b)

      the device can, at an appropriate range of speeds, immobilise a target motor vehicle without undue risk to occupants of the vehicle or persons in the vicinity of the vehicle.

3. (4)

   In this section—

authorised police officer means a police officer authorised by the Commissioner for the purposes of this section;

vehicle immobilisation device