Category: Laws

10 Feb

Party Hosts face 3 years imprisonment for "out of control" parties

Out of Control Party Laws Organisers of out-of-control parties could face hefty fines or jail time under new out of control party laws to go before State Parliament this week. Under the out of control party laws, a person who organises a party that becomes an out-of-control event, their parents or gate crashers face a maximum penalty of 12 months jail or $12,100. If police face aggravated and violent circumstances when shutting down wild parties, the party organisers may face fines up to $18,150 and three years in prison. The out of control party laws provide a defence for a …

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06 Feb

QUEENSLAND IMPOUNDMENT PROCESS

Hooning Laws Hooning and other reckless driving offences can result in the impoundment or immobilisation of a motor vehicle for a period of seven to 90 days under Queensland Hooning Laws. For repeat offending the vehicle can be forfeit to the state. While there is a capacity to appeal these decisions, the intention of the legislation is clear. Go too far and lose your car. The offending is broken into two categories: Type 1 and Type 2. Type 1 Hooning Laws Evading police Any of the following offences committed during a speed trial, race or a burnout Dangerous Operation of …

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21 Jan

Proposed toughening for Juvenile Justice.

Juvenile Justice Laws The Queensland Government is proposing a raft of changes to the Juvenile Justice Act when Parliament resumes on 11 February this year. Proposed Juvenile Justice Changes These changes include: Removing detention as a sentence of last resort. Making breach of bail an offence if a young person commits a crime while on bail. Naming and shaming of repeat offenders. Making all juvenile criminal histories available in adult courts to give a magistrate or judge a complete understanding of a defendant’s history. Transferring juvenile offenders to adult correctional centres when they reach 17 years of age if they …

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22 Dec

Proposed Increased Penalties For Mobile Phone Offences

Qld Mobile phone laws The State Government is considering new laws for mobile phone offences while driving. Motorists currently face fines of $330 and the loss of three demerit points if caught using a mobile phone while driving. Motorists need to be aware that even if stationary at traffic lights the law still deems you to be in charge of the vehicle and you can be liable.  You are considered to be using the phone even if you are using a function other than making a call.  Texting, checking Facebook or surfing the web would all be offences. Qld Road …

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01 Nov

NEW PENALTIES FOR HOONING.

New Penalties for driving offences New anti-hooning and road safety legislation came into effect today.  The penalties for offending are far more significant that those previously imposed.  Offences are broken into two categories, Type 1 and Type 2. The penalties are dependant on the type of offence and a Defendants Traffic and Criminal History.  The new legislation can be categorised as follows: Type 1 offences: 90 day vehicle impoundment for first offence such as: dangerous operation; careless driving such as burn-outs or drifting; racing, speed trials; and evade police. Towing and storage of impounded vehicle is at the driver’s expense. …

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31 Oct

17 PROHIBITED ITEMS DURING THE G20

G20 Summit Brisbane Laws The G20 Safety and Security Act was passed on 30 October 2013.  It legislates to provide for the safety and security of persons attending the Group of Twenty leaders’ summit in Brisbane in 2014 and other related meetings and events in Queensland in 2014.  The G20 Summit Brisbane Laws prohibit a person from bringing proscribed items into the designated area.  While some of the items are common sense, others such as insects, surfboard and kites are more peculiar. The obvious A category A, B, C, D, E, H, M or R weapon, or a restricted item An antique firearm, a …

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Gatenby Criminal Law 31 October 2013
31 Oct

NSW to Target Repeat and High Range Drink Driving with Interlock

High Range Drink Driving Repeat and those caught high range drink driving will have to install an alcohol interlock device under legislation to be introduced into NSW parliament early next year. While there is a voluntary scheme currently in place, it is believed this mandatory system will prevent at least 140 alcohol related crashes. Alcohol Interlock An alcohol interlock will be installed in a person’s car if they have been caught drink driving twice in five years, or once with a blood-alcohol level above 0.15 (high range drink driving). Magistrates will also have the power to make motorists keep the …

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30 Oct

Bikie Laws $82,500.00 FOR WEARING COLOURS.

Bikie Laws amendments to the Liquor Act. The State Government has introduced changes to the Liquor Act 1992.  The Government has declared 26 motor cycle gangs as Declared Criminal Organisations.  The bikie laws amends the Liquor Act by imposing  restrictions on the ability of patrons of liquor licensed premises to wear clothing and other paraphernalia highlighting their affiliation with a criminal motor cycle gang. Declared Criminal Organisation Under the amendments a member of a declared criminal organisation commits and offence if they are wearing a prohibited item on licensed premises.  A prohibited item includes an item of clothing or jewellery or another …

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24 Oct

Do I Have to Be Driving My Car to Be Charged With Drink Driving?

The majority of motorists understand that if  they are caught drinking and driving they will loose their licence.  Indeed the bulk of our work as experienced traffic lawyers is aimed at minimising the disqualification period or securing a work licence for people caught drinking and driving.  What does take people by surprise is that they can lose their licence for sleeping in the car or even simply having the car keys in their pocket while intoxicated. The Transport Operations (Road Use Management) Act 1985 (Qld) imposes sanctions where a person who is over the relevant blood alcohol concentration: drives a …

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05 Sep

BANNING ORDERS – WHAT ARE THEY AND CAN I DEFEND THEM?

A banning order is a order that prohibits an offender, until a stated date, from doing or attempting to do any of the following: Entering or remaining in a stated licensed premises ; or a stated class of licensed premises; Entering or remaining in, during stated hours, a stated area that is a particular distance from the licensed premises; Attending or remaining at a stated event, to be held in a public place, at which liquor will be sold for consumption. Banning orders can prohibit entry to stated places. The Court has a wide discretion in relation to the terms …

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