Queensland Parliament is considering the most significant overhaul of dangerous driving laws in a generation. The Criminal Code (Dangerous Driving) and Other Legislation Amendment Bill 2026 — introduced by Attorney-General Deborah Frecklington on 26 June 2026 — proposes to repeal the existing dangerous operation of a vehicle offence under section 328A of the Criminal Code Act 1899 (Qld) and replace it with an entirely new four-category offence framework. When passed, it would commence on 1 March 2027.

The stakes are high. Under the proposed laws, the most serious category of dangerous driving offence carries a maximum penalty of 25 years’ imprisonment. Anyone currently charged, under investigation, or with a matter likely to proceed into 2027 needs to understand what is changing and why it matters.

What the Current Law Says

Section 328A of the Criminal Code has governed dangerous driving in Queensland for decades. Under the current framework, a person who operates a vehicle dangerously commits a criminal offence. The maximum penalties escalate depending on aggravating factors: whether the driving caused death or grievous bodily harm, whether the person was affected by an intoxicating substance, whether they were excessively speeding, or whether they fled the scene.

The current maximum penalties range from three years’ imprisonment for a simple matter through to 20 years’ imprisonment where death or grievous bodily harm is caused and aggravating circumstances are present. The offence is primarily dealt with summarily in the Magistrates Court, though death or grievous bodily harm matters are committed to the District Court.

What the Bill Proposes

The Bill repeals section 328A entirely and inserts a new Chapter 29B — ‘Dangerous Driving or Operation of Vehicles’ — into the Criminal Code. This new chapter creates four distinct categories of offence, covering both motor vehicles and non-motor vehicles including e-mobility devices.

The Four-Category Framework

The four proposed categories reflect a tiered approach to seriousness. The structure moves from a base offence through to the most aggravated conduct involving death or grievous bodily harm.

• Category 1 (base offence — no death or GBH, no aggravation): maximum penalty of 5 years’ imprisonment;
• Category 2 (aggravated offence — no death or GBH, with circumstances of aggravation such as intoxication, excessive speed, or prior convictions): maximum penalty of 7 years’ imprisonment;
• Category 3 (death or GBH caused): maximum penalty of 16 years’ imprisonment;
• Category 4 (death or GBH caused with further aggravating circumstances): maximum penalty of 25 years’ imprisonment.

The Bill also increases minimum licence disqualification periods, with tougher consequences for offences involving death or grievous bodily harm, aggravated conduct, and repeat offenders.

Why It Matters Legally

The proposed changes are not cosmetic. They represent a structural re-design of Queensland’s approach to criminal driving offences — and the legal consequences are substantial.

The most immediate issue is the increase in maximum penalties. Under the current section 328A, the maximum penalty for causing death or grievous bodily harm with aggravating circumstances is 20 years’ imprisonment. Under the new Category 4 framework, that ceiling rises to 25 years. A Category 3 offence — causing death or GBH without the additional aggravating factors — carries a 16-year maximum, compared to the current 10-year maximum for the base death/GBH offence.

This shift has sentencing implications beyond the basic numbers. Higher maximum penalties signal Parliament’s intention that courts treat the offending more seriously. In practice, this means Judges and Magistrates calibrating sentences upward within the new framework. The removal of the existing offence also eliminates a body of case law built around section 328A. How courts interpret the new provisions — in particular, what conduct satisfies each of the four categories — will take time to resolve.

The commencement date of 1 March 2027 is legally significant. The Bill’s own Explanatory Notes confirm the new offence framework applies to conduct occurring after commencement. Conduct occurring before 1 March 2027 will continue to be prosecuted under the existing section 328A. This creates a period during which two separate legal frameworks will apply simultaneously, depending on when the alleged offending occurred.

Who This Affects — and How

The most immediate class of people affected are those currently facing or anticipating charges under section 328A. If the Bill is passed and your matter proceeds to sentence or trial before 1 March 2027, the current law applies. If your matter extends past that date, the position requires careful analysis.

For those with matters in the Magistrates Court, the categorisation changes also matter. The current system treats dangerous driving as primarily a summary offence, with election to the District Court available in certain circumstances. The new four-category framework may affect which court has jurisdiction depending on the category charged.

Families of people killed or seriously injured by dangerous driving will note the higher maximum penalties as a signal of increased accountability. Whether sentences actually increase in practice depends on how courts approach the new framework and how the aggravating factors are charged and proved.

The Queensland Dimension

All other Australian states and territories have dangerous driving or culpable driving offences, but the frameworks differ. Queensland is taking a distinctly punitive direction — Category 4’s 25-year maximum is among the highest in any Australian jurisdiction for a dangerous driving offence.

The introduction of the Bill sits within the Crisafulli Government’s broader legislative agenda on criminal law enforcement. It accompanies the Transport and Other Legislation Amendment Bill 2026 — also introduced on 26 June 2026 — which targets drug driving, excessive speeding, and seatbelt enforcement. Together, these two bills represent a comprehensive tightening of Queensland’s road safety criminal law framework.

Neither Bill had passed as of 7 July 2026. Both have been referred to parliamentary committee for review. The Criminal Code (Dangerous Driving) Bill is due to report by 14 August 2026.

What to Watch Next

The Justice, Integrity and Community Safety Committee is due to report by 14 August 2026. The Queensland Law Society and Bar Association of Queensland are likely to make submissions on the technical construction of the new offence categories, the breadth of aggravating circumstances, and the proportionality of the proposed penalties.

The key legal question — how courts will interpret what conduct falls into each of the four categories — will only be answered through litigation after commencement. Until then, practitioners need to work with the new statutory text and whatever guidance the courts develop in the early months of operation.

Key Takeaways

✓  The Criminal Code (Dangerous Driving) and Other Legislation Amendment Bill 2026 was introduced on 26 June 2026 and had not passed as of 7 July 2026.

✓  The Bill repeals section 328A of the Criminal Code and replaces it with a four-category framework commencing 1 March 2027.

✓  Maximum penalties increase significantly — up to 25 years imprisonment for Category 4 (death or GBH with aggravation).

✓  Offences committed before 1 March 2027 continue to be charged and sentenced under the existing section 328A framework.

✓  The parliamentary committee report is due by 14 August 2026. The final law may differ from the Bill as introduced.

Conclusion

Queensland’s approach to criminal driving offences is undergoing a fundamental restructure. When the Criminal Code (Dangerous Driving) and Other Legislation Amendment Bill 2026 passes, the legal landscape for anyone charged with a serious driving offence will be materially different. The move to a four-category framework, the significant increases in maximum penalties, and the reach of the aggravating circumstances provisions all demand careful legal attention.

Whether you are facing a current charge, under investigation, or supporting someone whose matter is proceeding through the courts, the time to get legal advice is now — not after the law changes.

When everything is on the line, you need a criminal defence team with the experience to navigate a changing legal landscape. Call Jones + Associates: 07 3229 3166 — or book a confidential consultation.