“Post and Boast Laws” – Changes to the Charge of Dangerous Operation of a Motor Vehicle

The prevalence of offenders ‘boasting’ about their criminal behaviour on social media has long sparked societal debate. In response, the Queensland Government introduced legislative changes to address this behaviour and put offenders on notice. These changes specifically target offences involving the unauthorised use of motor vehicles.

A person may record themselves driving dangerously and publish the footage on social media platforms such as TikTok, Instagram, Facebook or Snapchat. Since changes to Queensland law commenced in 2024, publishing this content can result in further legal consequences. These consequences extend beyond simply providing evidence of dangerous driving.

The legislative changes introduced a specific offence for publishing material that depicts the dangerous operation of a motor vehicle. This applies when the publication aims to advertise the offender’s involvement in the offence or the offending conduct. The new aggravated offence carries a maximum penalty of 400 penalty units or five years’ imprisonment.

What is Dangerous Operation of a Motor Vehicle?

Section 328A of the Criminal Code 1899 (Qld) provides that a person who operates, or interferes with the operation of, a vehicle dangerously in any place commits an offence.

The ordinary offence carries a maximum penalty of 200 penalty units or 3 years imprisonment.

Whether driving amounts to dangerous operation depends on the circumstances. Matters such as the manner of driving, speed, traffic conditions, location and the presence of other people can all be relevant.

The offence becomes substantially more serious where circumstances such as intoxication, excessive speed, unlawful racing or other aggravating circumstances are involved.

What Changed in 2024?

The Queensland Community Safety Act 2024 amended section 328A by inserting subsection (1A).

Under the new provision, if an offender publishes material on a social media platform or online social network to advertise either:

• the offender’s involvement in the dangerous operation offence; or
• the act or omission constituting the offence.

The offender commits a crime. The maximum penalty increases to 400 penalty units or 5 years imprisonment.

The legislation broadly defines “advertise” as attracting the notice and attention of the public or a limited section of the public. The definition of “material” also includes electronic documents.

The practical effect is important. Social media no longer serves simply as a potential source of evidence in dangerous driving matters. In certain circumstances, publishing this material can lead to a separate criminal charge. This can result in more serious penalties and significantly impact how the Court handles your matter.

How Do The Changes Affect the Court Process?

The 2024 amendment is significant because section 328A(1A) creates a crime carrying a maximum penalty of five years’ imprisonment. Rather than simply increasing the penalty for dangerous driving, the amendment also changes how the Court can resolve the matter. It also affects which Court has jurisdiction to hear the charge.

The Magistrates Court may deal with simpliciter charges of dangerous operation of a motor vehicle under section 328A(1).

However, if you face a charge under section 328A(1A), the Magistrates Court can no longer finalise the matter. Currently, the new charge must proceed on indictment in the District Court.

This means that anyone charged under the new section faces a substantially different court process, regardless of how they intend to proceed. The change also affects the timeframes involved in resolving the matter.

Other Potential Impact of Footage

Aside from giving rise to a charge under the new section, social media footage can also provide police with valuable evidence. This footage may help establish details that police might otherwise find difficult to prove.

A video may show the speed or manner of driving, dangerous manoeuvres, the driver’s identity and the vehicle’s location. It may also capture events immediately before or after the incident. This evidence can help police prove key elements of the offence, including the driver’s identity and the dangerous nature of the driving.

Deleting a social media post does not necessarily eliminate the issue. Others may have already viewed, copied, downloaded or preserved the material.

What Should You Do If Charged with Dangerous Operation of a Motor Vehicle?

If you have been charged with dangerous operation and the circumstance of aggravation of publishing the material to social media is prevalent, it is important to obtain legal advice at an early stage.

 

The relevant questions may include whether the driving amounts to dangerous operation, whether an aggravating circumstance applies, whether the publication provisions have been engaged, what charges are properly available, and what court process applies.

For anyone facing a dangerous operation charge, the driving itself and any associated social-media activity should therefore be considered as part of the same overall legal picture and advice should be sought in relation to both issues as soon as possible.

Contant Potts Lawyers for expert legal advice today.