(1) The driver of a vehicle must not take action to avoid apprehension or interception by a police officer who is exercising his or her powers or performing his or her functions under any Act.
(a) a first offence, either or both of the following:
(i) a fine of not less than 10 penalty units and not more than 100 penalty units;
(ii) imprisonment for a term of not more than 2 years; and
(b) a second offence, either or both of the following:
(i) a fine of not less than 20 penalty units and not more than 100 penalty units;
(ii) imprisonment for a term of not more than 3 years; and
(c) a third or subsequent offence, either or both of the following:
(i) a fine of not less than 20 penalty units and not more than 100 penalty units;
(ii) imprisonment for a term of not more than 4 years.
(2) It is a defence to a charge for an offence against subsection (1) if the defendant proves that he or she had a lawful excuse for taking action to avoid the apprehension or interception.
(a) is not to include a sentence for the offence under this section as part of a general sentence, or mixed sentence, imposed under section 11 of theSentencing Act 1997 in respect of the other offences; and
(b) is to impose a separate sentence in respect of the offence under this section.
(5) When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person on whom the disqualification is imposed as required by section 17 of theVehicle and Traffic Act 1999 .