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SUMMARY OFFENCES ACT 2005 - SECT 19C

Unlawful conduct associated with commission of racing, burn out or other hooning offence

19C Unlawful conduct associated with commission of racing, burn out or other hooning offence

(1) A person must not—
(a) participate in a hooning group activity; or
(b) without reasonable excuse, spectate a hooning group activity; or
(c) organise, promote or encourage the doing of a thing mentioned in paragraph (a) or (b) by someone else; or
(d) for a purpose mentioned in paragraph (c) , photograph or film, or publish a photograph or film of, a motor vehicle being used to commit a racing, burn out or other hooning offence.
Penalty—
Maximum penalty—40 penalty units or 1 year’s imprisonment.
(2) A driver of a motor vehicle who commits a racing, burn out or other hooning offence may not be convicted of both—
(a) an offence against subsection (1) (a) for participating in a hooning group activity by committing the racing, burn out or other hooning offence; and
(b) the racing, burn out or other hooning offence.
(3) 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—
(a) the person is a journalist gathering information for the purpose of journalism; or
(b) the person is gathering information for the purpose of reporting the information to the police.
(4) In this section—

"gathering" includes recording.

"hooning group activity" means a group activity involving a motor vehicle being used to commit a racing, burn out or other hooning offence.

"spectate" a hooning group activity
(a) means remain at the place where the activity is being carried on and watch the activity; and
(b) does not include, for a person moving through or past the place where the activity is being carried on, stop momentarily to watch the activity before moving on.



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