Published by Geoff Harrison | 25 April 2024
The offence of committing a performance crime offence was assented to on 3 April 2024. This offence targets offenders who commit motor vehicle theft or break and enter offences and disseminate material to advertise their offending. The maximum penalty is 2 years imprisonment. A person cannot be convicted of a performance crime offence and the substantive offence of motor vehicle theft or break and entering that constituted the performance crime offence as per s154K(3).
Other Sources:
CRIMES ACT 1900 - SECT 154K
Performance crime offences
(1) A person (the
"offender" ) commits an offence (a
"performance crime offence" ) against this section if--
(a) the offender's act or omission constitutes--
(i) a motor theft offence, or
(ii) a breaking and entering offence, and
(b) the offender disseminates material to advertise--
(i) the offender's involvement in the offence, or
(ii) the act or omission constituting the offence.
(2) An offender who commits a performance crime offence is liable for a maximum penalty that equals the total of the following--
(a) the maximum penalty for the motor theft offence or breaking and entering offence,
(b) imprisonment for 2 years.
(3) To avoid doubt, if an offender is convicted of a performance crime offence the offender cannot also be convicted of a motor theft offence or breaking and entering offence in relation to the act or omission constituting the performance crime offence.
(4) In this section--
"advertise" means attract the notice and attention of--
(a) the public, or
(b) a limited section of the public.
"breaking and entering offence" means an offence under the Crimes Act 1900 , Part 4, Division 4.
"disseminate" , in relation to material, means send, supply, exhibit, transmit or communicate the material, including through social media and other electronic methods.
"material" includes anything that contains data from which text, images or sound can be generated.
"motor theft offence" means an offence under the following sections of the Crimes Act 1900 --
(a) section 154A,
(b) section 154C,
(c) section 154F.
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