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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 22 November 2019 to date (accessed 16 December 2019 at 11:11)
Part 4 Division 5A
Division 5A Offences relating to theft of motor vehicles, vessels and trailers
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.
trailer has the same meaning as in the Road Transport Act 2013.
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, vessel or trailer
A person who steals a motor vehicle, vessel or trailer is guilty of an offence.
Maximum penalty—imprisonment for 10 years.
154G   Facilitating organised car, boat or trailer rebirthing activities
(1)  A person who facilitates a car, boat or trailer rebirthing activity that is carried out on an organised basis knowing that—
(a)  it is a car, boat or trailer 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, boat or trailer rebirthing activity is an activity involving one or more of the following—
(a)  the stealing of a motor vehicle, vessel or trailer or the receiving of a stolen motor vehicle, stolen vessel or stolen trailer,
(b)  the interference with a motor vehicle, vessel or trailer, or a part of a motor vehicle, vessel or trailer, or a unique identifier, for the purpose of concealing the fact that a motor vehicle, vessel or trailer, or any part of a motor vehicle, vessel or trailer, is stolen,
(c)  the affixing of stolen parts to a motor vehicle, vessel or trailer,
(d)  the interference with a unique identifier, being a unique identifier that wholly or partly identifies a motor vehicle, vessel or trailer for registration under a law of any jurisdiction, for the purpose of disguising or misrepresenting the identity of a motor vehicle, vessel or trailer,
(e)  the registration, in this or any other jurisdiction, of a stolen motor vehicle, stolen vessel or stolen trailer, or of a motor vehicle, vessel or trailer that has had stolen parts affixed to it,
(f)  the supply of, or offering to supply, a stolen motor vehicle, stolen vessel or stolen trailer.
(3)  A person facilitates a car, boat or trailer 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, boat or trailer 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, vessel or trailer, or a part of a motor vehicle, vessel or trailer, 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, trailer or a part of a motor vehicle, vessel or trailer as a genuine unique identifier for the motor vehicle, vessel, trailer or part, when the information is not in fact a genuine unique identifier for that motor vehicle, vessel, trailer 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, trailer or a part of a motor vehicle, vessel or trailer if it is—
(a)  marked on or attached to the motor vehicle, vessel, trailer or part, or
(b)  marked on a thing attached to the motor vehicle, vessel, trailer or part, or
(c)  stored in electronic form in a part of the motor vehicle, vessel or trailer.
(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, trailer or a part of a motor vehicle, vessel or trailer as a genuine unique identifier for the motor vehicle, vessel, trailer 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, trailer or a part of a motor vehicle, vessel or trailer as a genuine unique identifier includes a reference to causing a computer to respond to the information attached to the motor vehicle, vessel, trailer 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, vessel or trailer where unique identifier has been interfered with
(1)  A person who dishonestly has possession of a motor vehicle, vessel or trailer, or a part of a motor vehicle, vessel or trailer, 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 identification plate not attached to motor vehicle or trailer
(1)  A person is guilty of an offence if the person, without reasonable excuse, knowingly has possession of an identification plate not attached to the motor vehicle or trailer 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—
identification plate has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth.
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).