Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

317AC Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving

(1)A person who— is guilty of an offence and liable to level 3 imprisonment (20 years maximum).

(a)drives a motor vehicle in the vicinity of another person who is an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty; and

S. 317AC(1)(a) amended by No. 65/2017 s. 7(1).S. 317AC(2)(a) amended by Nos 65/2017 s. 7(2), 3/2019 s. 5(1).

(b)knows that, or is reckless as to whether, the other person is an emergency worker, a custodial officer or a youth justice custodial worker; and

S. 317AC(1)(b) amended by Nos 65/2017 s. 7(2), 3/2019 s. 5(1).

(c)without lawful excuse, drives the motor vehicle and intends to expose the other person to a risk to safety—

S. 317AC(2)(c) amended by Nos 65/2017 s. 7(2)(3), 3/2019 s. 5(2).

(2)For the purposes of subsection (1), the person is taken to know that the other person is an emergency worker, a custodial officer or a youth justice custodial worker (as the case may be) if—

S. 317AC(2) amended by Nos 65/2017 s. 7(2), 3/2019 s. 5(1).

(a)the other person has identified themselves as an emergency worker, a custodial officer or a youth justice custodial worker; or

(b)the other person is inside or in the vicinity of a vehicle which—

(i)bears the livery or insignia of an emergency service; or

(ii)is displaying a flashing blue or red light (whether or not it is displaying other lights); or

(iii)is sounding an alarm; or

(c)the fact that the other person is an emergency worker, a custodial officer or a youth justice custodial worker is reasonably apparent, having regard to all the circumstances, including the conduct and manner of the emergency worker, custodial officer or youth justice custodial worker.

(3)A person may be found guilty of an offence under subsection (1) irrespective of whether the emergency worker, custodial officer or youth justice custodial worker was injured by the conduct of the person driving the motor vehicle.

S. 317AC(3) amended by No. 65/2017 s. 7(3).20Notes to s. 317AC(3) amended by Nos 65/2017 s. 7(4), 48/2018 s. 93, repealed by No. 23/2020 s. 17(1).

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1An offence against this section is a category 1 offence under the Sentencing Act 1991 if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence. See section 5(2G) and (2GA) of that Act for the requirement to impose a custodial order or other specified order for this offence if committed in those circumstances.

2See section 10AE(1) of the Sentencing Act 1991 for the requirement that a term of imprisonment be imposed for an offence against section 317AC and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty was injured in the commission of the offence unless the court finds under section 10A of that Act that a special reason exists.

3Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.