Queensland’s Police Minister wants even tougher punishments for motorists caught hooning on the state’s roads, even if the person charged isn’t in a vehicle.
Mark Ryan, Minister for Police and Community Safety, introduced the Queensland Community Safety Bill on May 1, calling for greater powers allowing hoons and those participating in related events to be prosecuted.
The laws – if enacted – could result in hoon drivers who post their antics on social media facing up to five years in jail, according to proposed amendments of Section 328A (Dangerous operation of a vehicle).
“If the offender publishes material on a social media platform or an online social network to advertise the offender’s involvement in the offence; or advertise the act or omission constituting the offence; the offender commits a crime.
“[The] Maximum penalty [is] 400 penalty units or five years imprisonment.”
Additionally, the proposed legislation has called for the replacement of the existing Section 19C – which relates to ‘Unlawful conduct associated with commission of racing, burn out or other hooning offence’ – with more rules.
“A driver of a motor vehicle who commits a racing, burn out or other hooning offence may not be convicted of both offence against subsection (1)(a) for participating in a hooning group activity by committing the racing, burn out or other hooning offence; and the racing, burn out or other hooning offence.
“Without limiting what may be a reasonable excuse for subsection (1)(b), a person has a reasonable excuse for spectating a hooning group activity if the person is a journalist gathering information for the purpose of journalism; or the person is gathering information for the purpose of reporting the information to the police.”
The secondary proposed amendment comes after concerns were raised the existing regulations – which would only punish bystanders who were encouraging hooning by cheering or voicing support – weren’t enough.
A report from the Community Safety and Legal Affairs Committee on the Queensland Community Safety Bill 2024 says the following:
“In response to concerns regarding hooning and dangerous racing activity in Queensland, a new offence was introduced into the Summary Offences Act to prohibit a person organising, participating in, or taking a photograph or film of a hooning activity.
“The explanatory notes state that it was not intended that the offence would only include persons actively encouraging or supporting the hooning offence (such as cheering), but also persons merely spectating.
“However, the current offence only includes persons who ‘willingly participate’ which may infer some kind of positive action is necessary to commit the offence.
“Accordingly, the Bill proposes to amend the offence to include persons who, without reasonable excuse, are spectating the hooning activity as well as those who organise, participate, promote or encourage the participation in, or spectating of, the hooning activity.
“The Bill also clarifies that a person spectating a hooning event will not be committing the offence where they are: passing by or through the hooning event and stop momentarily to watch the activity before moving on, a journalist for the purposes of journalism, or gathering information for the purpose of reporting the information to the police.”
Queensland already has arguably Australia’s toughest anti-hoon laws, having passed legislation in April last year which made it an offence for anyone to participate in, organise, or promote a “group hooning activity”.
This includes potential fines of up to $6000 for both drivers and spectators, with those in control of vehicles facing up to one year in prison, a loss of licence and having their car crushed.
While the Community Safety and Legal Affairs Committee – which consists of six Queensland Members of Parliament – has recommended the Bill be passed, it has faced criticism from the public.
Before it closed this week a petition criticising the proposed changes received more than 15,500 signatures of support from Queensland residents, and sponsorship from Katter’s Australian Party MP Nick Dametto.
“Queensland residents draw to the attention of the House that Labor’s Queensland Community Safety Bill 2024 (the Bill) will provide police with unprecedented powers in relation to social media.
“There is a real need to ensure that this complex bill does not result in unintended consequences for innocent third party viewing or publishing of content.
“There is also real concern that the Bill also exposes Queenslanders to the prospect of penalties that may affect their ability to maintain their livelihood, based on their ‘associates’ on social media.”
It is not yet known when the Bill will be heard by Queensland Parliament.
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