Case example of the Qld Governments new Out-of-control Parties legislation: Bill is celebrating his retirement on a Sunday after noon, and invites twenty people to his home. Four of his former workmates get drunk, and leave the party. In the street, they are swearing loudly as they talk about the (poor) performance of their favourite football team, which continues as they pass through a local park. Eve is at the park with her children, and she is really offended by this language and she and her children leave. Under section 53BB, Bill’s retirement party is an out-of-control event because: • there were more than 12 people at the event; • his friends engaged in ‘out-of-control conduct’ near his party (being drunk in a public place and using offensive language are both defined as ‘out-of-control conduct’ under section 53BC); • the ‘out-of-control conduct’ has caused Eve ‘substantial interference’ with her enjoyment of a public place. ‘Substantial interference’ isn’t defined, but as Eve felt she had to leave the park, there was clearly a substantial interference. Under section 53BH, Bill has organised this out-of-control event, and is guilty of an offence. The maximum penalty that Bill faces is a fine of $12,100 or one year in prison.
Posted on: Fri, 22 Nov 2013 05:00:21 +0000
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