Pursuant to s 19ADA of the Criminal Law Consolidation Act 1935 (SA), a person drives at an extreme speed if they exceed the speed limit:

There are exceptions for emergency vehicles (as defined in 19ADA(10) of the Criminal Law Consolidation Act 1935 (SA) and reg 5 of the Criminal Law Consolidation (General) Regulations 2021 (SA)).

The maximum penalty is 3 years imprisonment for a basic offence and 5 years imprisonment for an aggravated offence.

According to s 5AA(1d) of the Criminal Law Consolidation Act 1935 (SA), an offence against s 19ADA will be aggravated if:

Mandatory minimum disqualification periods also apply following conviction. For a first offence, the court must disqualify an offender for 2 years (for a basic offence) or 5 years (for an aggravated offence). For subsequent offences, the court must impose a disqualification period of at least 5 years.

A person cannot be convicted of both an offence against s 29 of the Criminal Law Consolidation Act 1935 (SA) (acts or omissions that endanger life/create risk of serious harm) and an extreme speed offence, if the charge arises out of the same set of circumstances.

Instant Loss of Licence

If a police officer reasonably believes that a driver has committed the offence of driving at extreme speed, they may issue an instant loss of licence notice 'ILOL notice' [Criminal Law Consolidation Act 1935 (SA) s 19AF(1)].

A driver who receives a ILOL notice may apply to the Magistrates Court for an order lifting the disqualification or suspension. The Court may only make such an order if satisfied that exceptional circumstances exist such that it is appropriate to do so, and the person does not pose a substantial risk to the public if an order is made [s 19AF(6)]

The ILOL notice must be in writing, and personally served on the driver, or if the driver consents to receiving the notice by email, via the nominated email address provided [Criminal Law Consolidation (General) Regulations 2021 (SA) reg 6A].

A notice of immediate licence disqualification or suspension must contain the prescribed particulars as defined in Schedule 1 of the Criminal Law Consolidation (General) Regulations 2021 (SA).