Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 408A

408A Unlawful use or possession of motor vehicles, aircraft or vessels

(1) A person who—

(a) unlawfully uses any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof; or

(b) has in the person’s possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently;

is guilty of a crime and is liable to imprisonment for 7 years.

(1A) If the offender uses or intends to use the motor vehicle, aircraft or vessel for the purpose of facilitating the commission of an indictable offence, the offender is liable to imprisonment for 10 years.

(1B) If the offender—

(a) wilfully destroys, damages, removes or otherwise interferes with the mechanism (or part thereof) or other part of or equipment attached to the motor vehicle, aircraft or vessel; or

(b) intends to destroy, damage, remove or otherwise interfere with the mechanism (or part thereof) or other part of or equipment attached to the motor vehicle, aircraft or vessel;

the offender is liable to imprisonment for 12 years.

(1C) It is a defence to a charge of an offence defined in subsections (1) to (1B) to prove that the accused person had the lawful consent of the owner of the motor vehicle, aircraft or vessel to its use or possession by the accused person.

(2) This section applies without prejudice to any provision of any other Act relating to the unlawful use or possession of motor vehicles, aircraft or vessels save that an offender shall not be liable to be convicted under both this section and such other provision in respect of any one and the same unlawful use or possession of any motor vehicle, aircraft or vessel.

(3) In this section—

"vessel" means every kind of vessel designed for use on or in water, not propelled exclusively by oars.