Road Traffic Act 1961

A person who drives a vehicle at a speed exceeding, by 45 kilometres an hour or more, a relevant speed limit is guilty of an offence.

in the case of a first offence—

if the offence is a basic offence—a fine of not less than $3 000 and not more than $5 000; or

if the offence is an aggravated offence—2 years imprisonment;

in the case of a subsequent offence—2 years imprisonment.

If a court convicts a person of an offence against subsection (1), the following provisions apply:

the court must order that the person be disqualified from holding or obtaining a driver's licence—

in the case of a first offence—

if the offence is a basic offence—for such period, being not less than 6 months, as the court thinks fit; or

if the offence is an aggravated offence—for such period, being not less than 2 years, as the court thinks fit;

in the case of a subsequent offence—for such period, being not less than 2 years, as the court thinks fit;

the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;

if the person is the holder of a driver's licence—the disqualification operates to cancel the licence as from the commencement of the period of disqualification.

In determining whether an offence is a first or subsequent offence for the purposes of this section—

any previous offence against subsection (1);

any previous offence against section 46 (whether committed before or after the commencement of this section), for which the defendant has been convicted or that the defendant has expiated will be taken into account, but only if the previous offence was committed or alleged to have been committed within the period of 5 years immediately preceding the date on which the offence under consideration was allegedly committed.

For the purposes of this section, an aggravated offence is—

an offence that caused harm to a person; or

an offence committed in any of the following circumstances:

the offender committed the offence in the course of attempting to escape pursuit by a police officer;

the offender was, at the time of the offence, driving a vehicle knowing that the offender 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 the offender's licence was suspended by notice given under this Act;

the offender committed the offence while there was present in the offender's blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;

the offender was, at the time of the offence, driving a vehicle in contravention of section 47 or 47BA;

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

was stolen; or

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;

the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle;

the offender committed the offence while the offender was the holder of—

a provisional licence; or

a probationary licence; or

a learner's permit; or

an interstate provisional licence; or

an interstate learner's permit, (as defined in the Motor

the offender committed the offence while the offender was not, at the time of the offence, the holder of—

a driver's licence; or

a learner's permit; or

an interstate licence; or

an interstate learner's permit; or

a foreign licence, (as defined in the Motor

If a person is charged with an aggravated offence against subsection (1), the circumstances alleged to aggravate the offence must be stated in the instrument of charge.

This section is in addition to, and does not derogate from, any other provision relating to speed limits contained in this or any other

In this section—

this

the