2013
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
Criminal Code Amendment (Hit and Run) Bill 2013
SERIAL NO. 57
EXPLANATORY STATEMENT
GENERAL OUTLINE
The purpose of this Bill is to amend section 174FA of the Criminal Code, which is the offence known as hit and run, to insert an additional requirement to report to Police an incident involving a vehicle where death or serious harm is caused.
NOTES ON CLAUSES
Clause 1.	Short Title
This is a formal clause which provides for the citation of the Bill.  
The Bill when passed may be cited as the Criminal Code Amendment (Hit and Run) Act 2013.
Clause 2.	Commencement
The Act once passed will commence on a day fixed by the Administrator by Gazette Notice.
Clause 3.	Criminal Code amended
The Act once passed will amend the Criminal Code.
Clause 4.	Section 174FA amended
Clause 4 of the Bill amends section 174FA to insert new 
subsection (1)(b)(iii). The new subsection provides that, in addition to stopping and rendering assistance, a driver of a vehicle who is involved in an incident involving a motor vehicle where serious harm or death results must, as soon as reasonably practicable after the incident or after giving assistance, notify a representative of the Police Force. 
The matters the driver must notify are that the incident occurred, 
the location of the incident, that the driver was the driver of the vehicle involved in the incident and the driver’s name. 
The driver must also comply with any reasonable direction given by a representative of the Police Force in relation to the incident. 
An example of a reasonable direction might be to remain at the scene of the incident until a Police officer arrives, or to undertake a breath test.
Clause 4 also inserts new subsection 174FA(2) which provides for a definition of the term ‘representative of the Police Force’. 
A ‘representative of the Police Force’ includes a police officer,  which is a member of the Police Force appointed or holding office under the Police Administration Act, or a public sector employee working in a communications centre operated by the Police Force. A public sector employee working in a communications centre is included to cover any civilians who work in a communications centre who take calls and speak to members of the public who call ‘000’ in an emergency. 
This means that a person who notifies a civilian by calling ‘000’ will be taken to have notified police for the purposes of the offence.
Clause 5.	New Part Xl, Division 6 inserted
Clause 5 of the Bill inserts new section 449 into the Criminal Code to provide for the transitional arrangements for the Bill.
Subsection 449(1) provides that the offence in section 174FA as amended by this Act applies only in relation to offences committed after the date of commencement of this Act.
Subsection 449(2) provides that the offence in section 174FA as it existed immediately prior to the amendments effected by this Act continue to have application in relation to offences committed prior to the commencement of this Act.
Subsection 449(3) provides that for the purposes of these transitional arrangements, an offence is taken to have been committed after commencement only of all the conduct constituting the offence occurred after the commencement of this Act. If all of the conduct constituting the offence did not occur after commencement, that is, some of the conduct occurred before commencement, the offence is taken to have been committed before the commencement of this Act.
Clause 6	Expiry of Act
This clause provides that the Act expires the day after it commences.