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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 13 December 2017 at 16:02)
Part 4
Part 4 Stealing and similar offences
Division 1 General
94AA   Property previously stolen
Where on the trial of a person for any offence which includes the stealing of any property it appears that the property was, at the time when it was taken by the accused, already out of the possession of the owner by reason of its having been previously stolen, the accused may be convicted of the offence charged notwithstanding that it is not proved that the taking by him or her amounted to an interference with the right to possession of, or a trespass against, the owner.
Division 2 Robbery
94   Robbery or stealing from the person
Whosoever:
robs or assaults with intent to rob any person, or
steals any chattel, money, or valuable security from the person of another,
shall, except where a greater punishment is provided by this Act, be liable to imprisonment for fourteen years.
95   Same in circumstances of aggravation
(1)  Whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years.
(2)  In this section, circumstances of aggravation means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following:
(a)  the alleged offender uses corporal violence on any person,
(b)  the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(c)  the alleged offender deprives any person of his or her liberty.
96   Same (robbery) with wounding
Whosoever commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person, shall be liable to imprisonment for 25 years.
97   Robbery etc or stopping a mail, being armed or in company
(1)  Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person,
robs, or assaults with intent to rob, any person, or
stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same,
shall be liable to imprisonment for twenty years.
(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) when armed with a dangerous weapon. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
(3) Alternative verdict If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
98   Robbery with arms etc and wounding
Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, and immediately before, or at the time of, or immediately after, such robbery, or assault, wounds, or inflicts grievous bodily harm upon, such person, shall be liable to imprisonment for 25 years.
Division 3 Demanding property with intent to steal
99   Demanding property with intent to steal
(1)  Whosoever, with menaces, or by force, demands any property from any person, with intent to steal the same, shall be liable to imprisonment for ten years.
(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3)  It is immaterial whether any such menace is of violence or injury by the offender or by any other person.
100–105   (Repealed)
Division 4 Sacrilege and housebreaking
105A   Definitions
(1)  In sections 106–115A:
building includes any place of Divine worship.
circumstances of aggravation means circumstances involving any one or more of the following:
(a)  the alleged offender is armed with an offensive weapon, or instrument,
(b)  the alleged offender is in the company of another person or persons,
(c)  the alleged offender uses corporal violence on any person,
(d)  the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(e)  the alleged offender deprives any person of his or her liberty,
(f)  the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.
circumstances of special aggravation means circumstances involving any or all of the following:
(a)  the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
(b)  the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
(c)  the alleged offender is armed with a dangerous weapon.
(2)  The matters referred to in:
(a)  paragraph (c), (d) or (e) of the definition of circumstances of aggravation, or
(b)  paragraph (a) or (b) of the definition of circumstances of special aggravation,
can occur immediately before, or at the time of, or immediately after any of the elements of the offence concerned occurred.
(2A)  For the purposes of paragraph (f) of the definition of circumstances of aggravation, if there was a person, or there were persons, in the place in relation to which an offence is alleged to have been committed at the time it was committed, the defendant is presumed to have known that fact unless the defendant satisfies the court that he or she had reasonable grounds for believing that there was no one in the place.
(3)  The definitions in subsection (1) are not mutually exclusive.
106–108   (Repealed)
109   Breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence
(1)  Whosoever:
enters the dwelling-house of another, with intent to commit a serious indictable offence therein, or,
being in such dwelling-house commits any serious indictable offence therein,
and in either case breaks out of the said dwelling-house shall be liable to imprisonment for fourteen years.
(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
110   Breaking, entering and assaulting with intent to murder etc
Whosoever breaks and enters any dwelling-house, or any building appurtenant thereto, and while therein or on premises occupied therewith assaults with intent to murder any person, or inflicts grievous bodily harm upon any person, shall be liable to imprisonment for 25 years.
111   Entering dwelling-house
(1)  Whosoever enters any dwelling-house, with intent to commit a serious indictable offence therein, shall be liable to imprisonment for ten years.
(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
112   Breaking etc into any house etc and committing serious indictable offence
(1)  A person who:
(a)  breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
(b)  being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building,
is guilty of an offence and liable to imprisonment for 14 years.
(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
113   Breaking etc into any house etc with intent to commit serious indictable offence
(1)  A person who breaks and enters any dwelling-house or other building with intent to commit any serious indictable offence therein is guilty of an offence and liable to imprisonment for 10 years.
(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
114   Being armed with intent to commit indictable offence
(1)  Any person who:
(a)  is armed with any weapon, or instrument, with intent to commit an indictable offence,
(b)  has in his or her possession, without lawful excuse, any implement of housebreaking or safebreaking, or any implement capable of being used to enter or drive or enter and drive a conveyance,
(c)  has his or her face blackened or otherwise disguised, or has in his or her possession the means of blacking or otherwise disguising his or her face, with intent to commit an indictable offence,
(d)  enters or remains in or upon any part of a building or any land occupied or used in connection therewith with intent to commit an indictable offence in or upon the building,
shall be liable to imprisonment for seven years.
(2)  For the purposes of subsection (1) (b) conveyance means any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycle, or any ship, or vessel, used in or intended for navigation, and drive shall be construed accordingly.
115   Being convicted offender armed with intent to commit indictable offence
Whosoever, having been convicted of any indictable offence, afterwards commits any offence mentioned in section 114, shall be liable to imprisonment for ten years.
115A   Alternative verdicts
(1) Aggravated offence reduced to basic offence If on the trial of a person for an offence under section 106 (2), 107 (2), 109 (2), 111 (2), 112 (2) or 113 (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (1), 107 (1), 109 (1), 111 (1), 112 (1) or 113 (1) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(2) Specially aggravated offence reduced to aggravated offence If on the trial of a person for an offence under section 106 (3), 107 (3), 109 (3), 111 (3), 112 (3) or 113 (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (2), 107 (2), 109 (2), 111 (2), 112 (2) or 113 (2) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
(3) Specially aggravated offence reduced to basic offence If on the trial of a person for an offence under section 106 (3), 107 (3), 109 (3), 111 (3), 112 (3) or 113 (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 106 (1), 107 (1), 109 (1), 111 (1), 112 (1) or 113 (1) as appropriate, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly. This subsection does not apply to an offence if the jury proceeds under subsection (2) in relation to it.
Division 5 Larceny
116   All larcenies to be of same nature
Every larceny, whatever the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects, as grand larceny was before the passing of the Act seventh and eighth George the Fourth, chapter twenty-nine.
117   Punishment for larceny
Whosoever commits larceny, or any indictable offence by this Act made punishable like larceny, shall, except in the cases hereinafter otherwise provided for, be liable to imprisonment for five years.
118   Intent to return property no defence
Where, on the trial of a person for larceny, it appears that the accused appropriated the property in question to the accused’s own use, or for the accused’s own benefit, or that of another, but intended eventually to restore the same, or in the case of money to return an equivalent amount, such person shall not by reason only thereof be entitled to acquittal.
119   Verdict where several takings proved
Where, on the trial of a person for larceny, it appears that the property alleged in any count to have been stolen at one time, was taken at different times, the prosecutor shall not be required to elect upon which taking the prosecutor will proceed, unless the Judge so orders:
Provided always that evidence shall not in any such case be given of any taking which occurred more than six months in point of time from any other of such takings.
120   Trial for larceny—verdict of embezzlement etc
Where, on the trial of a person for larceny, it appears that the person took the property in such manner as to amount in law to the offence of embezzlement or fraudulent misappropriation, or the fraudulent application, or disposition, of property as a clerk, or servant, or person employed in the Public Service, or of obtaining property by any false pretence or by any wilfully false promise, or partly by a false pretence and partly by a wilfully false promise, the jury may acquit the person of the larceny charged, and find the person guilty of such other offence, and the person shall be liable to punishment accordingly.
121   Verdict of “larceny or receiving”
Where, on the trial of a person charged with larceny, or any offence which includes larceny, and, also, with having unlawfully received the property charged to have been stolen, knowing it to have been stolen, the jury find specially that the person either stole, or unlawfully received, such property, and that they are unable to say which of those offences was committed by the person, such person shall not by reason thereof be entitled to acquittal, but shall be liable to be sentenced for the larceny, or for the unlawful receiving, whichever of the two offences is subject to the lesser punishment.
122   Verdict where persons indicted for joint larceny or receiving
On the trial of any two, or more, persons charged with larceny, and also with having unlawfully received property, the jury may find all, or any, of such persons guilty, either of stealing, or unlawfully receiving, the property, or part or parts thereof, or may find one, or more, of the said persons guilty of stealing, and the other, or others, of them guilty of unlawfully receiving the property, or part or parts thereof.
123   Verdict of minor indictable offence
Where, on the trial of a person for larceny, it appears that the property in question was taken, appropriated, or retained, under circumstances amounting to a minor indictable offence, the jury may acquit the person of the offence charged and find the person guilty of the minor indictable offence, and the person shall be liable to punishment accordingly.
124   Fraudulent appropriation
Where, upon the trial of a person for larceny, it appears:
(a)  that the person had fraudulently appropriated to his or her own use or that of another, the property in respect of which the person is indicted, although the person had not originally taken the property with any fraudulent intent, or
(b)  that the person had fraudulently retained the property in order to secure a reward for its restoration,
the jury may return a verdict accordingly, and thereupon the person shall be liable to imprisonment for two years, or to a fine of 20 penalty units, or both.
125   Larceny by bailee
Whosoever, being a bailee of any property, fraudulently takes, or converts, the same, or any part thereof, or any property into or for which it has been converted, or exchanged, to his or her own use, or the use of any person other than the owner thereof, although he or she does not break bulk, or otherwise determine the bailment, shall be deemed to be guilty of larceny and liable to be indicted for that offence.
The accused shall be taken to be a bailee within the meaning of this section, although he or she may not have contracted to restore, or deliver, the specific property received by him or her, or may only have contracted to restore, or deliver, the property specifically.
126   Stealing cattle or killing with intent to steal
Whosoever:
steals any cattle, or
wilfully kills any cattle with intent to steal the carcass, or skin, or other part, of the cattle so killed,
shall be liable to imprisonment for fourteen years.
127   Stealing or killing cattle—uncertainty as to sex or age not to entitle to acquittal
Where, on the trial of a person for an offence under section 126 it appears that the person stole, or killed, an animal of the species described in the indictment, but it is uncertain on the evidence what was its sex, or age, such person shall not be entitled to acquittal by reason only of such uncertainty.
128   Trial for stealing cattle—verdict of stealing skins
Where, on the trial of a person for stealing cattle, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of stealing the carcass, or skin, or part, of such cattle, or of killing the said cattle within section 126, they may acquit the person of the offence charged, and find the person guilty of such last-mentioned stealing, or killing, and the person shall be liable to punishment accordingly.
129   Trial for killing cattle—verdict of stealing
Where, on the trial of a person for the offence of killing cattle within the meaning of section 126, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of stealing such cattle, they may acquit the person of the offence charged, and find the person guilty of such stealing, and the person shall be liable to punishment accordingly.
130   Trial for stealing cattle—verdict of misdemeanour
Where, on the trial of a person for stealing cattle, the jury are not satisfied that the person is guilty thereof, but are satisfied that the person is guilty of an offence within section 131, they may acquit the person of the offence charged, and find the person guilty of an offence under the said last mentioned section, and the person shall be liable to punishment accordingly.
131   Unlawfully using etc another person’s cattle
Whosoever:
takes and works, or otherwise uses, or takes for the purpose of working, or using, any cattle the property of another person without the consent of the owner, or person in lawful possession thereof, or
takes any such cattle for the purpose of secreting the same, or obtaining a reward for the restoration or pretended finding thereof, or for any other fraudulent purpose, or
fraudulently brands, or ear-marks, or defaces, or alters, the brands or ear-marks of any cattle the property of another person,
shall be liable to imprisonment for three years.
132   Stealing dogs
Whosoever, having been summarily convicted under this or any former Act, of any such offence as is hereinafter in this section mentioned, afterwards,
steals any dog, or
has unlawfully in his or her possession any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen,
shall be liable to imprisonment for one year.
133   Taking money to restore dogs
Whosoever corruptly takes any money or reward, directly or indirectly, under pretence, or upon account, of aiding any person to recover any dog which has been stolen, or which is in the possession of any person other than its owner, shall be liable to imprisonment for one year.
134   Stealing, destroying etc valuable security
Whosoever steals, embezzles, or for any fraudulent purpose destroys, cancels, obliterates, or conceals, the whole or any part of any valuable security, shall be liable, as if he or she had stolen a chattel, to be punished as for larceny.
135   Stealing, destroying etc wills or codicils
Whosoever steals, or, for any fraudulent purpose destroys, cancels, obliterates, or conceals, the whole or any part of any will, codicil, or other testamentary instrument, either during the life of the testator, or after the testator’s death, or whether the same relates to real, or personal estate, or to both, shall be liable to imprisonment for seven years.
136   Proviso to sections 134 and 135
No person shall be convicted under section 134 or section 135 in respect of any act done by the person, if, before being charged with the offence, the person first disclosed such act on oath, under compulsory process, in a proceeding instituted in good faith by a party aggrieved, or under compulsory examination in some matter in bankruptcy, or insolvency, or under compulsory examination in some matter in the liquidation of a corporation.
137   Civil remedies not affected by conviction
(1)  Nothing in section 134 or in section 135, nor any proceeding, conviction, or judgment thereupon, shall affect any remedy at law, or in equity, which any party aggrieved would have had if this Act had not been passed.
(2)  No evidence of the conviction of any person under either of the said sections shall be admissible in any action, or suit, against the person.
138   Stealing, destroying etc records etc of any court or public office
Whosoever steals, or for any fraudulent purpose, takes from its place of deposit, for the time being, or from any person having the lawful custody thereof, or unlawfully and intentionally or recklessly cancels, obliterates, injures, or destroys, the whole or any part, of any record, document, or writing, of, or belonging to, any Court, or relating to any matter or cause, civil or criminal, pending, or terminated, in any Court, or relating to the business of any office or employment under Her Majesty, and being in any public office, shall be liable to imprisonment for seven years.
139   Stealing etc metal, glass, wood etc fixed to house or land
Whosoever steals, or rips, cuts, severs, or breaks with intent to steal, any glass, or woodwork, belonging to any building, or any metal, or any utensil, or fixture, whether made of metal or other material, or of both respectively, fixed in, or to, any building, or anything made of metal, fixed in any land being private property, or used as a fence to any dwelling-house, garden, or area, or being in any square, or street, or in, or on, any place dedicated to public use or ornament, or in any burial-ground, shall be liable to be punished as for larceny.
140   Stealing etc trees etc in pleasure-grounds etc
Whosoever:
steals, or destroys or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood, growing in any park, pleasure-ground, garden, orchard, or avenue, or in any ground belonging to any dwelling-house, where the value of the article stolen, or the amount of injury done, exceeds two dollars, or
steals, or destroys or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood respectively growing elsewhere than in any situation beforementioned, where the value of the article stolen, or the amount of injury done, exceeds ten dollars,
shall be liable to be punished as for larceny.
141–147   (Repealed)
148   Stealing property in a dwelling-house
Whosoever steals in a dwelling-house any property shall be liable to imprisonment for seven years.
149   The same with menaces
Whosoever steals any property in a dwelling-house, and uses thereafter any menace or threat to any person therein, shall be liable to imprisonment for fourteen years.
150   Stealing goods in process of manufacture
Whosoever steals, to the value of one dollar, any goods, article, or material, while anywhere placed, or exposed, during the process or progress of manufacture, shall be liable to imprisonment for a term not exceeding three years.
151   Selling etc materials to be manufactured
Whosoever, being, for the purpose of manufacture, or any special purpose connected with manufacture, employed to make, prepare, or work up, any goods, article, or material, or being for any such purpose entrusted with any such goods, article, or material, or with any tools, or apparatus, sells, pawns, purloins, secretes, embezzles, exchanges, or otherwise fraudulently disposes of the same, or any part thereof, shall be liable to imprisonment for four years.
152   Stealing from ship in port or on wharfs etc
Whosoever:
steals any property in any vessel, barge, or boat, while in any haven, or port, or upon any navigable river, or canal, or in any creek, or basin, belonging to, or communicating with, any such haven, port, river, or canal, or
steals any property from any dock, wharf, or quay,
shall be liable to imprisonment for seven years.
153   Stealing from ship in distress or wrecked
Whosoever steals, or plunders, any part of any vessel in distress, or wrecked, stranded, or cast on shore, or any property of any kind to the value of two dollars belonging to such vessel, shall be liable to imprisonment for ten years.
154   Tenants etc stealing articles let to hire
Whosoever, being the tenant, or occupier, of any house, building, or lodging, steals any chattel, or fixture let to be used therewith, whether the contract was entered into by the accused, or by any person on his or her behalf, shall be liable to be punished as for larceny.
154A   Taking a conveyance without consent of owner
(1)  Any person who:
(a)  without having the consent of the owner or person in lawful possession of a conveyance, takes and drives it, or takes it for the purpose of driving it, or secreting it, or obtaining a reward for its restoration or pretended restoration, or for any other fraudulent purpose, or
(b)  knowing that any conveyance has been taken without such consent, drives it or allows himself or herself to be carried in or on it,
shall be deemed to be guilty of larceny and liable to be indicted for that offence.
(2)  For the purposes of this section conveyance means any cart, wagon, cab, carriage, motor car, caravan, trailer, motor lorry, tractor, earth moving equipment, omnibus, motor or other bicycle, tank or other military vehicle, or any ship, or vessel, used or intended for navigation, and drive shall be construed accordingly.
154AA   (Repealed)
154B   Stealing aircraft and unlawfully taking or exercising control of aircraft
(1)  Whosoever steals any aircraft shall be liable to imprisonment for ten years.
(2)  Whosoever without lawful excuse takes or exercises control, whether direct or through another person, of an aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for seven years.
(3)  Whosoever without lawful excuse takes or exercises control, whether direct or through another person, of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for fourteen years.
(4)  Whosoever without lawful excuse, by force or violence or threat of force or violence, or by any trick or false pretence, takes or exercises control, whether direct or through another person, of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft shall be deemed to be guilty of larceny and be liable to imprisonment for twenty years.
154C   Taking motor vehicle or vessel with assault or with occupant on board
(1)  A person who:
(a)  assaults another person with intent to take a motor vehicle or vessel and, without having the consent of the owner or person in lawful possession of it, takes and drives it, or takes it for the purpose of driving it, or
(b)  without having the consent of the owner or person in lawful possession of a motor vehicle or vessel, takes and drives it, or takes it for the purpose of driving it, when a person is in or on it,
is liable to imprisonment for 10 years.
(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3)  In this section:
circumstances of aggravation means circumstances involving any one or more of the following:
(a)  the alleged offender is in the company of another person or persons,
(b)  the alleged offender is armed with an offensive weapon or instrument,
(c)  the alleged offender intentionally or recklessly inflicts actual bodily harm on any person.
drive includes operate.
motor vehicle means a motor vehicle within the meaning of the Road Transport Act 2013.
vessel means a vessel within the meaning of the Marine Safety Act 1998.
154D   Stealing firearms
(1)  A person who steals a firearm is liable to imprisonment for 14 years.
(2)  In this section:
firearm has the same meaning as in the Firearms Act 1996, and includes an imitation firearm within the meaning of that Act.
Division 5A Offences relating to theft of motor vehicles and vessels
154E   Definitions
(1)  In this Division:
interfere with a thing includes alter, deface, remove, obliterate, conceal or add anything to the thing.
motor vehicle means:
(a)  a motor vehicle within the meaning of the Road Transport Act 2013 (whether or not the vehicle contains the motor intended to form part of it), or
(b)  a motor intended to form part of, or capable of forming part of, any such motor vehicle, or
(c)  any part of any such motor vehicle containing, or consisting of, an identification plate for a vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth.
unique identifier means any numbers, letters, symbols or other identification information:
(a)  marked on or attached to a motor vehicle or vessel, or a part of a motor vehicle or vessel, or
(b)  marked on a thing that is designed to be attached to a motor vehicle or vessel, or a part of the motor vehicle or vessel, or
(c)  stored in electronic form in a part of a motor vehicle or vessel,
for the primary purpose of:
(d)  enabling a particular motor vehicle, vessel or part to be distinguished from all other motor vehicles, vessels or parts (including by enabling a part to be identified as a part of a particular motor vehicle or vessel), or
(e)  identifying different motor vehicle or vessel production batches (including by enabling a part to be identified as a part of a motor vehicle or vessel of a particular production batch).
vessel means a vessel within the meaning of the Marine Safety Act 1998.
(2)  For the purposes of this Division, a part of a motor vehicle or vessel includes a thing (such as a key) manufactured in connection with the motor vehicle or vessel that enables the operation of the motor vehicle or vessel or prevents the unauthorised operation of the motor vehicle or vessel.
154F   Stealing motor vehicle or vessel
A person who steals a motor vehicle or vessel is guilty of an offence.
Maximum penalty: imprisonment for 10 years.
154G   Facilitating organised car or boat rebirthing activities
(1)  A person who facilitates a car or boat rebirthing activity that is carried out on an organised basis knowing that:
(a)  it is a car or boat rebirthing activity, and
(b)  it is carried out on an organised basis,
is guilty of an offence.
Maximum penalty: imprisonment for 14 years.
(2)  For the purposes of this section, a car or boat rebirthing activity is an activity involving one or more of the following:
(a)  the stealing of a motor vehicle or vessel or the receiving of a stolen motor vehicle or stolen vessel,
(b)  the interference with a motor vehicle or vessel, or a part of a motor vehicle or vessel, or a unique identifier, for the purpose of concealing the fact that a motor vehicle or vessel, or any part of a motor vehicle or vessel, is stolen,
(c)  the affixing of stolen parts to a motor vehicle or vessel,
(d)  the interference with a unique identifier, being a unique identifier that wholly or partly identifies a motor vehicle or vessel for registration under a law of any jurisdiction, for the purpose of disguising or misrepresenting the identity of a motor vehicle or vessel,
(e)  the registration, in this or any other jurisdiction, of a stolen motor vehicle or stolen vessel, or of a motor vehicle or vessel that has had stolen parts affixed to it,
(f)  the supply of, or offering to supply, a stolen motor vehicle or stolen vessel.
(3)  A person facilitates a car or boat rebirthing activity if the person:
(a)  takes, or participates in, any step, or causes any step to be taken, that is part of the activity, or
(b)  provides or arranges finance for any step that is part of the activity, or
(c)  provides the premises in which any step that is part of the activity is taken, or allows any step that is part of the activity to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.
(4)  A car or boat rebirthing activity is carried out on an organised basis if:
(a)  it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant, and
(b)  it is carried out for profit or gain.
(5)  In proceedings for an offence against this section, for the purpose of proving that an activity was carried out on an organised basis, or that the accused knew it was carried out on an organised basis, it is not necessary to prove:
(a)  that the accused knew any of the participants in the activity or that any of the participants knew each other, or
(b)  that the activity was planned, organised, structured or otherwise carried out under the direction of any particular person or persons or in any hierarchical manner, or
(c)  that the same participants were involved on each occasion on which the activity was carried out.
154H   Making, using and interfering with unique identifiers
(1)  A person who:
(a)  dishonestly interferes with, or copies, a unique identifier, or
(b)  possesses a motor vehicle or vessel, or a part of a motor vehicle or vessel, with the intention of dishonestly interfering with, or copying, a unique identifier, or
(c)  dishonestly makes a unique identifier, or a purported unique identifier, or
(d)  knowingly induces another person to accept any information attached to a motor vehicle, vessel or a part of a motor vehicle or vessel as a genuine unique identifier for the motor vehicle, vessel or part, when the information is not in fact a genuine unique identifier for that motor vehicle, vessel or part,
is guilty of an offence.
Maximum penalty: imprisonment for 7 years.
(2)  For the purposes of this section, information is attached to a motor vehicle, vessel or a part of a motor vehicle or vessel if it is:
(a)  marked on or attached to the motor vehicle, vessel or part, or
(b)  marked on a thing attached to the motor vehicle, vessel or part, or
(c)  stored in electronic form in a part of the motor vehicle or vessel.
(3)  In proceedings for an offence against this section, if it is necessary to allege a person knowingly induced another person to accept information attached to a motor vehicle, vessel or a part of a motor vehicle or vessel as a genuine unique identifier for the motor vehicle, vessel or part, it is not necessary to allege that the accused knowingly induced a particular person to accept the information as a genuine unique identifier.
(4)  In this section, a reference to inducing a person to accept information attached to a motor vehicle, vessel or a part of a motor vehicle or vessel as a genuine unique identifier includes a reference to causing a computer to respond to the information attached to the motor vehicle, vessel or part as if it were a genuine unique identifier.
(5)  In this section:
information includes numbers, letters or symbols.
154I   Possession of motor vehicle or vessel where unique identifier has been interfered with
(1)  A person who dishonestly has possession of a motor vehicle or vessel, or a part of a motor vehicle or vessel, a unique identifier of which has been interfered with, is guilty of an offence.
Maximum penalty: imprisonment for 5 years.
(2)  For the purposes of this section, a person dishonestly has possession of a thing if:
(a)  the person obtained or received the thing dishonestly, or
(b)  the person intends to register, supply or use the thing dishonestly.
154J   Possession of vehicle identification plate not attached to motor vehicle
(1)  A person is guilty of an offence if the person, without reasonable excuse, knowingly has possession of a vehicle identification plate not attached to the motor vehicle to which it relates.
Maximum penalty: imprisonment for 5 years.
(2)  The onus of proof of reasonable excuse in proceedings for an offence against this section lies on the accused.
(3)  In this section:
motor vehicle means a motor vehicle within the meaning of the Road Transport Act 2013 (whether or not the vehicle contains the motor intended to form part of it).
vehicle identification number means a vehicle identification number allocated to a vehicle in accordance with the national standards under the Motor Vehicle Standards Act 1989 of the Commonwealth.
vehicle identification plate means a plate, label or other thing that has a vehicle identification number on it, is designed to be attached to a motor vehicle and which:
(a)  enables the motor vehicle to be identified for the purposes of registration under a law of any jurisdiction, or
(b)  includes information relating to the manufacture of the motor vehicle or compliance with the national standards under the Motor Vehicle Standards Act 1989 of the Commonwealth.
Division 6 Embezzlement or larceny
155   Definition of clerk or servant
Every person employed for any purpose, as, or in the capacity of, a clerk, or servant, or as a collector of moneys, although temporarily only, or employed also by other persons, or employed to pay as well as receive moneys, or although the person had no authority from his or her employer to receive money, or other property, on his or her account, shall be deemed a clerk, or servant.
156   Larceny by clerks or servants
Whosoever, being a clerk, or servant, steals any property belonging to, or in the possession, or power of, his or her master, or employer, or any property into or for which it has been converted, or exchanged, shall be liable to imprisonment for ten years.
157   Embezzlement by clerks or servants
Whosoever, being a clerk, or servant, fraudulently embezzles, either the whole or any part of, any property delivered to, or received, or taken into possession by him or her, for, or in the name, or on the account of, his or her master, or employer, shall be deemed to have stolen the same, although such property was not received into the possession of such master, or employer, otherwise than by the actual possession of such clerk, or servant, and shall be liable to imprisonment for ten years.
158   (Repealed)
159   Larceny by persons in Public Service
Whosoever, being employed in the Public Service, steals any property, or any part thereof, intrusted to him or her, or taken into his or her possession, or being in his or her custody, or under his or her control, by virtue or colour of such employment, shall be liable to imprisonment for ten years.
160   Embezzlement etc by persons in the Public Service
Whosoever, being employed in the Public Service, fraudulently embezzles any property, or any part thereof, so intrusted to him or her, or taken into his or her possession, or being in his or her custody, or under his or her control, or fraudulently secretes, removes, or in any manner fraudulently applies, or disposes of, the same, or any part thereof, shall be deemed to have stolen the same, and shall be liable to imprisonment for ten years.
161   Proof of general deficiency in accounts
On the prosecution of a person for larceny, or embezzlement as a clerk, or servant, or as a person employed in the Public Service, where the charge is in respect of money, it shall not be necessary to prove the larceny, or embezzlement, by the accused of any specific sum of money, if there is proof of a general deficiency on the examination of the books of account, or entries kept, or made by him or her, or otherwise, and the jury are satisfied that he or she stole, or fraudulently embezzled the deficient money, or any part thereof.
162   Larceny etc by joint owners
Whosoever, being a member of any copartnership, or being one of two, or more, joint owners, steals, or embezzles, any property of, or belonging to, such copartnership, or joint owners, may be convicted of, and punished for, the offence as if he or she was not a member of the copartnership, or one of such joint owners.
Copartnership shall, for the purposes of this section, include all corporations and societies whatsoever.
163   Trial for embezzlement—verdict of larceny
Where, on the trial of any person for embezzlement, or the fraudulent application, or disposition, of property as a clerk, or servant, or person employed in the Public Service, it appears that the person obtained the property in such manner as to amount in law to larceny, the jury may acquit the person of the offence charged, and find the person guilty of larceny, or of larceny as such clerk, servant, or person, as the case may be, and the person shall be liable to punishment accordingly.
164–186   (Repealed)
Division 16 Receivers
187   Term “stealing” in sections 188 and 189
For the purposes of sections 188 and 189:
Stealing includes the taking, extorting, obtaining, embezzling, or otherwise disposing of the property in question.
188   Receiving stolen property where stealing a serious indictable offence
(1)  Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof amounts to a serious indictable offence, knowing the same to have been stolen, shall be guilty of a serious indictable offence, and may be indicted, either as an accessory after the fact, or for a substantive offence, and in the latter case whether the principal offender has been previously tried or not, or is amenable to justice or not, and in either case is liable:
(a)  if the property is a motor vehicle or a motor vehicle part, or a vessel or a vessel part, to imprisonment for 12 years, or
(b)  in the case of any other property, to imprisonment for 10 years.
(2)  In this section:
motor vehicle has the same meaning as it has in Division 5A.
vessel means a vessel within the meaning of the Marine Safety Act 1998.
189   Receiving etc where principal guilty of minor indictable offence
Whosoever receives, or disposes of, or attempts to dispose of, any property, the stealing whereof is a minor indictable offence, knowing the same to have been stolen, shall be guilty of a minor indictable offence, and whether the person guilty of the principal offence has been previously tried or not, or is amenable to justice or not, shall be liable to imprisonment for three years.
189A   Receiving etc goods stolen out of New South Wales
(1)  Whosoever, without lawful excuse, receives or disposes of, or attempts to dispose of, or has in his or her possession, any property stolen outside the State of New South Wales, knowing the same to have been stolen, and whether or not he or she took part in the stealing of the property, shall be liable to imprisonment for ten years.
(2)  For the purposes of this section property shall be deemed to have been stolen if it has been taken, extorted, obtained, embezzled, converted, or disposed of under such circumstances that if the act had been committed in the State of New South Wales the person committing it would have been guilty of an indictable offence according to the law for the time being of the State of New South Wales.
(3)  No person shall be liable to conviction under this section if the taking, extorting, obtaining, embezzling, converting, or disposing is not a criminal offence in the country in which the act is committed.
189B   Prosecution under section 188 or 189 where property stolen in course of transmission
(1)  Where in the trial of a person for the offence under section 188 or 189 of receiving, or disposing of, or attempting to dispose of, any property knowing it to have been stolen, it is proved that the property was stolen in the course of transmission between New South Wales and any other jurisdiction or between any other jurisdiction and New South Wales:
(a)  the person shall be liable to be convicted of the offence without proof that the stealing took place in New South Wales, and
(b)  for the purpose of determining whether or not the stealing amounts to a serious indictable offence or a minor indictable offence, the stealing shall be deemed to have taken place in New South Wales.
(2)  For the purposes of subsection (1) other jurisdiction means a State (other than New South Wales) or Territory of the Commonwealth.
190   Receiving etc cattle unlawfully killed, or carcass etc
Whosoever:
receives any animal, unlawfully killed, with intent to steal the carcass, or skin, or other part thereof, knowing the same to have been so killed, or
receives, or disposes of, or attempts to dispose of, any part of an animal so killed, or of an animal unlawfully stolen, knowing it to have been so killed or so stolen,
shall be guilty of a serious indictable offence, and may be indicted and punished as if the animal had been stolen, and the accused had unlawfully received the same.
191   Uncertainty as to sex or age not to entitle to acquittal
Where, on the trial of a person for an offence under section 190, it appears that the animal was of the species mentioned in the indictment, but it is uncertain on the evidence what was its sex or age, such person shall not be entitled to acquittal by reason only of such uncertainty.
192   Receiving material or tools intrusted for manufacture
Whosoever receives any goods, article, or material or any tools, or apparatus for manufacturing, or working up, the same, knowing the same to have been purloined, embezzled, or secreted, within the meaning of section 151, or that the person offering the same is fraudulently disposing thereof, shall be liable to imprisonment for four years.
192A   Verdict where several persons are indicted for jointly receiving
Where, on the trial of two or more persons for jointly receiving property, it appears that one, or more, separately received such property, or any part thereof, the jury may convict such one or more of the said persons as is, or are, proved to have so received the same.