8   Requirements in case of accidents

(1)  Where, owing to the presence of a vehicle or horse upon a road or road related area, an accident occurs whereby the death of or injury to any person, is caused the driver or rider of every vehicle or horse concerned in the accident shall stop and give any assistance which may be necessary and which it is in his or her power to give.

(2)  Any person knowingly acting in contravention of subsection (1) shall be guilty of an offence under this Act and shall be liable:

(a)  in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or

(b)  in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment.

(2A)  For the purposes of subsection (2), where a person is guilty of an offence under that subsection, that offence:

(a)  is a second or subsequent offence under that subsection if and only if, within the period of 5 years immediately before being convicted of that offence, the person was convicted of a major offence, and

(b)  otherwise shall be treated as a first offence.

(3)  Where, owing to the presence of a vehicle or horse upon a road or road related area, an accident occurs whereby the death of or injury to any person is caused or whereby damage to an extent apparently in excess of fifty dollars, or where some other amount is prescribed such other amount, is caused to any property (including an animal in charge of any person or a vehicle), the driver or rider of every vehicle or horse concerned in the accident shall, unless he or she is unable by reason of personal injury to do so, stop and shall:

(a)  if required so to do by any person having reasonable grounds for so requiring produce his or her licence (if the driver of a motor vehicle involved in the accident) and give particulars of his or her name and place of abode, the distinguishing numbers or letters of the registration (if any) of the vehicle (if a motor vehicle or trailer) and the name and place of abode of the owner of such vehicle or horse,

(b)  if required so to do by any member of the police force, forthwith give such particulars as it is in his or her power to give as to the time, place and nature of the accident, the distinguishing numbers or letters of the registration (if any) of every motor vehicle or trailer concerned therein, the name and place of abode of every person who was concerned in or who witnessed the accident, and the extent of any injury or damage caused by or resulting from the accident,

(c)  as soon as practicable and in any case within twenty-four hours after the accident, at the police station nearest to the scene of the accident, give to the officer-in-charge the particulars mentioned in paragraph (b), except where such particulars have already been given by the person to a member of the police force.

(4)  Where, owing to the presence of a vehicle or horse upon a road or road related area, an accident occurs whereby damage to an extent apparently not in excess of fifty dollars, or where some other amount is prescribed such other amount, is caused to any property (including an animal in charge of any person or a vehicle), the provisions of subsection (3) with the exception of paragraph (c) of that subsection shall apply to the driver or rider of every vehicle or horse concerned in the accident.

(5)  Any person who fails to comply with any provision of subsection (3) or subsection (4) or who wilfully furnishes any false or misleading particulars in respect of any matter pursuant to either of such subsections shall be guilty of an offence under this Act.

Editorial note. Prescribed amount (subsections (3) and (4)): $500. See Regulation 130C of the Motor Traffic Regulations 1935.