Queensland’s Dangerous Driving: What the Latest Amendments Mean

I’ve had clients in the months since these laws changed who had no idea that posting burnout footage on Instagram was now a separate criminal offence. Queensland’s dangerous driving laws changed significantly in August 2024, and most people haven’t caught up. The Queensland Community Safety Act 2024 introduced major amendments to section 328A of the Criminal Code 1899 (Qld), created two entirely new offences targeting violence against police and emergency workers, and made it a standalone crime to post your dangerous driving on social media. Here’s what you need to know.

Legislation at a Glance Queensland Community Safety Act 2024 (Qld) (Act 45 of 2024) Assented 30 August 2024 Key sections Sections 13 and 14 (amending Criminal Code 1899, ss 328A, 328C, 328D) Commenced 30 August 2024 (on assent; these provisions were not subject to proclamation) Effect New social media aggravation, new evading police aggravation, two new standalone offences protecting emergency workers

What Changed: The Four Key Amendments

The 2024 reforms target antisocial driving behaviour from four angles. Each one carries serious consequences.

1. Social Media Publication Is Now a Standalone Crime

A new subsection 328A(1A) makes it a separate crime to publish material on a social media platform or online social network that advertises your involvement in dangerous driving, or advertises the act itself. The maximum penalty is 5 years imprisonment or 400 penalty units. This applies even where the underlying dangerous driving would otherwise be a misdemeanour carrying only 3 years. The moment you post the footage, the offence escalates.

“Advertise” is defined broadly: it means attracting the notice and attention of the public or a limited section of the public. “Material” includes electronic documents. This is aimed squarely at the culture of filming dangerous driving and posting it online for attention or notoriety.

The typical scenario I see: a passenger films a mate doing burnouts in a car park, the driver reposts it to their story, and both end up in a police interview. The driver faces the underlying dangerous driving charge plus the publication offence. One video, two charges.

There is one important limitation. The offence targets the offender’s own publication of their own conduct. It does not capture community members who share footage to warn others, or journalists reporting on offending behaviour.

2. Evading Police Is Now an Aggravating Factor for Death or Grievous Bodily Harm

A new paragraph 328A(4)(d) provides that where a person drives dangerously and causes the death of or grievous bodily harm to another person, and the offender was evading police before or during the offence, the maximum penalty increases to 20 years imprisonment. The evading police offence is defined by reference to section 754(2) of the Police Powers and Responsibilities Act 2000 (Qld), which covers failing to stop when directed by a police officer in a police vehicle.

Before this amendment, I’d regularly see evading police charged alongside dangerous driving, but the dangerous driving charge topped out at 14 years regardless of the pursuit. Now, if someone dies during that pursuit, the court is working with a 20-year ceiling. That’s a fundamentally different sentencing conversation. The existing aggravating factors of intoxication, excessive speeding, unlawful racing, and leaving the scene already attracted 20 years. Evading police has been added to that list, reflecting the particular danger that police pursuits pose to innocent road users.

“The maximum penalty for dangerous driving causing death while evading police is now 20 years imprisonment, placing it on the same footing as driving while intoxicated or leaving the scene.”

3. New Offence: Damaging an Emergency Vehicle (Section 328C)

Section 328C creates a new standalone offence of operating a motor vehicle in a way that damages an emergency vehicle. The prosecution must prove that the driver knew, or ought reasonably to have known, the damaged vehicle was an emergency vehicle, and that the driver either intended to damage it or to injure or endanger an emergency worker, or knew their driving would cause damage. The maximum penalty is 14 years imprisonment.

This offence is separate from dangerous driving. It does not require proof that the driving was “dangerous” in the traditional sense. The focus is on the deliberate or reckless act of damaging an emergency vehicle.

4. New Offence: Endangering a Police Officer (Section 328D)

Section 328D targets a person who drives a motor vehicle towards or near a police officer who is acting in the performance of their duties. The prosecution must prove the driver knew, or ought reasonably to have known, the person was a police officer, and that the driver either intended to injure or endanger the officer, or actually endangered them and knew they were doing so. The maximum penalty is 14 years imprisonment.

The definition of “police officer” extends beyond Queensland Police. It includes police officers of the Commonwealth and other States. This means the offence applies regardless of the jurisdiction the officer serves.

The Penalty Structure in Full

The amended section 328A now operates on a tiered penalty structure. The base offence of dangerous operation of a vehicle remains a misdemeanour carrying a maximum of 3 years imprisonment or 200 penalty units. Where the offender publishes the conduct on social media, the maximum increases to 5 years or 400 penalty units. Where aggravating factors apply (intoxication, excessive speeding, unlawful racing, or prior convictions), the maximum is also 5 years or 400 penalty units. Where the offence causes death or grievous bodily harm, the maximum is 14 years. Where death or grievous bodily harm is caused in combination with intoxication, excessive speeding, unlawful racing, leaving the scene, or evading police, the maximum reaches 20 years imprisonment.

“Excessively speeding” is defined as driving more than 40 km/h over the applicable speed limit. This is not a minor margin. It captures conduct at the serious end of speeding behaviour. To put the top of the range in context: 20 years is the same maximum penalty as manslaughter under the Criminal Code.

What This Means for You

If You Are Charged with Dangerous Driving

The stakes are higher than they were before August 2024. Where police allege aggravating circumstances, the sentencing range has expanded. Charges involving evading police that result in death or serious injury now carry the same maximum as drink driving causing death. Early legal advice is critical to understanding exactly which subsection applies and what penalty range the court will work within.

If You Posted Footage on Social Media

Deleting the post after the fact does not undo the offence. The crime is complete when the material is published. I’ve seen clients make things worse by deleting posts after police have already taken screenshots. It doesn’t remove the charge, and it can look like consciousness of guilt. If you have posted footage of dangerous driving, or someone has tagged you in such footage, speak to a lawyer before you do anything, including deleting the post.

If You Were Evading Police

The combination of an evasion offence under section 754 of the Police Powers and Responsibilities Act 2000 with a dangerous driving charge causing death or grievous bodily harm now triggers the highest penalty bracket. Separate charges will likely be laid for both the evasion and the dangerous driving. Representation by an experienced criminal lawyer is essential from the earliest stage.

For Everyone on the Road

These amendments reflect a clear legislative intent to treat antisocial driving, particularly conduct that endangers emergency workers and is glorified online, as conduct warranting the most serious penalties available. Courts will be expected to give effect to that intent when sentencing.

Need advice? If you’ve been charged with dangerous operation of a vehicle, or you’ve received a notice to appear for a traffic or criminal matter, call us on 07 5554 6116. We often handle these matters in courts across South East Queensland. Get in touch →