Performance crime offences
154K Performance crime offences
A person (the offender) commits an offence (a performance crime offence) against this section if—
the offender’s act or omission constitutes—
a motor theft offence, or
a breaking and entering offence, or
a serious assault offence, or
a robbery offence, and
the offender disseminates material to advertise—
the offender’s involvement in the offence, or
the act or omission constituting the offence.
An offender who commits a performance crime offence is liable for a maximum penalty that equals the total of the following—
the maximum penalty for the motor theft offence, breaking and entering offence, serious assault offence or robbery offence,
imprisonment for 2 years.
To avoid doubt, if an offender is convicted of a performance crime offence the offender cannot also be convicted of a motor theft offence, breaking and entering offence, serious assault offence or robbery offence in relation to the act or omission constituting the performance crime offence.
In this section—
advertise means attract the notice and attention of—
the public, or
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—
section 154A,
section 154C,
section 154F.
robbery offence means an offence against Part 4, Division 2 or 3.
serious assault offence means an offence against the following sections—
section 33,
section 35,
section 58,
section 59.
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