Aussies warned over illegal Halloween act that could result in $2,200 fine

Thousands around the country will head out and about in their scariest costumes when the celebration arrives next week.

A Sydney road (left) with a person in costume in the back of a car (right).
Australians are being reminded not to get behind the wheel in their Halloween costumes over the weekend, or they could face a hefty fine. Source: Getty/AAP

Love it or hate it — Halloween season is here.

In just a matter of days, excited children will take to the streets donning their creepiest costumes in a bid to secure a bucket's worth of tasty treats and sweets. While the occasion is uniquely American, it's been broadly adopted in Australia for decades, despite the protest of some.

As such, it's expected thousands from all around the country will soon be seen out and about in their scariest ensembles when the spooky celebration arrives, next Thursday, October 31.

But, according to legal experts, there are actually a number of ways a costume could see an unsuspecting adult land in hot water, and with parties due to take place this weekend, Australians from all over the country have been warned about what not to do.

Speaking to Yahoo News Australia, Sydney lawyer Avinash Singh said that if revellers are caught wearing face coverings — including masks — behind the wheel, they could attract a whopping fine.

A group of people celebrating Halloween in blood-stained costumes, donning scary elf masks.
Australians are being reminded not to get behind the wheel in their Halloween costumes over the weekend, or they could face a hefty fine. Source: Getty

He said in NSW in particular, wearing a mask or costume while driving could cost you up to $2,200 if the covering interferes with the driver's vision or ability to properly control a vehicle.

"If police see a person driving and they believe the costume affects their ability to properly exercise control of a vehicle or maintain a proper view while driving, then it is not unusual for them to stop the driver and issue a fine," Singh told Yahoo.

Two people dressed in zombie McDonald's costumes celebrate Halloween.
There's actually a number of ways costumes or 'disguises' can land you in hot water, lawyers warn. Source: Getty

"The community should be aware that police conduct specific operations on special occasions — such as Halloween — when they expect an increased number of people to be out and about, as such, there is an increased risk of being charged with an offence or fined."

Somewhat unsurprisingly, Singh added that there's also been an increase in recent years of homes and vehicles being damaged on Halloween by eggs.

"This is most common with teenage children who are not aware of the serious consequences of their actions," he said. "Generally, the damage is through egging, which is an American concept associated with ‘trick or treat’. This is actually an offence of damaging property which carries a maximum penalty of 5 years imprisonment."

In addition, if police believe a person intends to commit an offence wearing a costume that disguises their face, a massive maximum penalty of 14 years in jail applies.

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