Queensland’s Police Minister desires even harder punishments for motorists caught hooning on the state’s roads, even when the particular person charged isn’t in a automobile.
Mark Ryan, Minister for Police and Group Security, launched the Queensland Group Security Invoice on Might 1, calling for better powers permitting hoons and people collaborating in associated occasions to be prosecuted.
The legal guidelines – if enacted – may lead to hoon drivers who submit their antics on social media dealing with as much as 5 years in jail, in keeping with proposed amendments of Part 328A (Harmful operation of a automobile).
“If the offender publishes materials on a social media platform or an internet social community to promote the offender’s involvement within the offence; or promote the act or omission constituting the offence; the offender commits a criminal offense.
“[The] Most penalty [is] 400 penalty models or 5 years imprisonment.”
Moreover, the proposed laws has known as for the alternative of the prevailing Part 19C – which pertains to ‘Illegal conduct related to fee of racing, burn out or different hooning offence’ – with extra guidelines.
“A driver of a motorcar who commits a racing, burn out or different hooning offence will not be convicted of each offence towards subsection (1)(a) for collaborating in a hooning group exercise by committing the racing, burn out or different hooning offence; and the racing, burn out or different hooning offence.
“With out limiting what could also be an affordable excuse for subsection (1)(b), an individual has an affordable excuse for spectating a hooning group exercise if the particular person is a journalist gathering data for the aim of journalism; or the particular person is gathering data for the aim of reporting the knowledge to the police.”
The secondary proposed modification comes after considerations have been raised the prevailing rules – which might solely punish bystanders who have been encouraging hooning by cheering or voicing help – weren’t sufficient.
A report from the Group Security and Authorized Affairs Committee on the Queensland Group Security Invoice 2024 says the next:
“In response to considerations concerning hooning and harmful racing exercise in Queensland, a brand new offence was launched into the Abstract Offences Act to ban an individual organising, collaborating in, or taking {a photograph} or movie of a hooning exercise.
“The explanatory notes state that it was not meant that the offence would solely embody individuals actively encouraging or supporting the hooning offence (comparable to cheering), but in addition individuals merely spectating.
“Nonetheless, the present offence solely contains individuals who ‘willingly take part’ which can infer some type of constructive motion is critical to commit the offence.
“Accordingly, the Invoice proposes to amend the offence to incorporate individuals who, with out cheap excuse, are spectating the hooning exercise in addition to those that organise, take part, promote or encourage the participation in, or spectating of, the hooning exercise.
“The Invoice additionally clarifies that an individual spectating a hooning occasion won’t be committing the offence the place they’re: passing by or by way of the hooning occasion and cease momentarily to observe the exercise earlier than transferring on, a journalist for the needs of journalism, or gathering data for the aim of reporting the knowledge to the police.”
Queensland already has arguably Australia’s hardest anti-hoon legal guidelines, having handed laws in April final 12 months which made it an offence for anybody to take part in, organise, or promote a “group hooning exercise”.
This contains potential fines of as much as $6000 for each drivers and spectators, with these in command of automobiles dealing with as much as one 12 months in jail, a lack of licence and having their automotive crushed.
Whereas the Group Security and Authorized Affairs Committee – which consists of six Queensland Members of Parliament – has really useful the Invoice be handed, it has confronted criticism from the general public.
Earlier than it closed this week a petition criticising the proposed adjustments obtained greater than 15,500 signatures of help from Queensland residents, and sponsorship from Katter’s Australian Social gathering MP Nick Dametto.
“Queensland residents draw to the eye of the Home that Labor’s Queensland Group Security Invoice 2024 (the Invoice) will present police with unprecedented powers in relation to social media.
“There’s a actual want to make sure that this advanced invoice doesn’t lead to unintended penalties for harmless third celebration viewing or publishing of content material.
“There may be additionally actual concern that the Invoice additionally exposes Queenslanders to the prospect of penalties that will have an effect on their skill to keep up their livelihood, primarily based on their ‘associates’ on social media.”
It isn’t but identified when the Invoice shall be heard by Queensland Parliament.
