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 10 years.

(2) 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 12 years.

(3) If the offender publishes material on a social media platform or an online social network to—

(a) advertise the offender’s involvement in the offence; or

(b) advertise the act or omission constituting the offence;

the offender is liable to imprisonment for 12 years.

(4) If—

(a) the offence is committed in the night; or

(b) the offender—

(i) uses or threatens to use actual violence; or

(ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or

(iii) is in company with 1 or more persons; or

(iv) damages, or threatens or attempts to damage, any property;

the offender is liable to imprisonment for 14 years.

(5) If—

(a) the motor vehicle, aircraft or vessel is an emergency vehicle; and

(b) the offender knows, or ought reasonably to know, it is an emergency vehicle;

the offender is liable to imprisonment for 14 years.

(6) Subsections (1) to (5) do not apply if 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.

(7) The accused person bears the evidential burden in relation to the matters stated in subsection (6) .

(8) 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.

(9) In this section—

"advertise" means attract the notice and attention of the public or a limited section of the public.

"material" includes an electronic document.

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