Motor vehicle theft is a serious criminal offence in Australia. Whether it involves stealing a car, motorcycle, truck, or using a vehicle without the owner’s consent, these offences carry significant penalties, including prison time, fines, and loss of driving privileges.
Motor vehicle theft is often associated with joyriding, rebirthing stolen vehicles, or involvement in broader criminal activity. Even passengers or people involved in towing, tampering with plates, or receiving stolen vehicles may be prosecuted under theft laws.
This guide explains how motor vehicle theft is prosecuted, how charges are laid, the court process, available legal defences, and the relevant laws and penalties in each Australian state and territory.
Motor vehicle theft refers to:
Stealing a vehicle outright
Using a vehicle without permission (unlawful use)
Tampering with vehicle identification
Being in possession of a stolen vehicle
The prosecution must prove:
You took or used a vehicle
Without the owner’s consent
With intent to permanently deprive or without lawful excuse
In many states, unlawful use (e.g. joyriding) is treated differently from theft, but still carries serious consequences.
Police may lay charges based on:
Vehicle owner reports and statements
CCTV or dashcam footage
Forensic evidence (e.g. fingerprints or DNA)
Vehicle recovery with damage or altered plates
Tracking devices or GPS logs
Police can arrest suspects at the scene, issue a court attendance notice, or investigate further before laying charges. The vehicle’s value, location, and damage will influence the severity of the offence.
Motor vehicle theft is usually heard in:
Local or Magistrates’ Court for summary or lower-value offences
District/County Court for aggravated, high-value, or organised cases
Process overview:
First appearance – Accused enters a plea
Brief of evidence disclosed
Trial or sentencing (depending on plea)
Penalty imposed based on offence type and criminal history
Common defences include:
Lack of intent – You did not intend to steal or deprive the owner
Mistaken belief of consent – You believed the owner gave you permission
Duress – You were forced or threatened to take the vehicle
Mistaken identity – You were wrongly identified as the driver or accomplice
No control – You were a passenger or unaware of the vehicle’s stolen status
Legal advice is essential for preparing a strong defence and negotiating possible charge reductions.
Each Australian state and territory treats motor vehicle theft as a distinct offence, often with higher penalties than general theft due to its impact on public safety.
Legislation: Crimes Act 1900 (NSW) – Section 154F
Offence: Take and drive conveyance without consent
Penalty:
Up to 5 years’ imprisonment
Aggravated offences (e.g., with weapons or in company) – up to 10 years
Legislation: Crimes Act 1958 (VIC) – Sections 74–75
Offence: Theft of motor vehicle
Penalty:
Up to 10 years’ imprisonment
Higher penalties if violence or property damage involved
Legislation: Criminal Code Act 1899 (QLD) – Section 408A
Offence: Unlawful use of a motor vehicle
Penalty:
Up to 7 years’ imprisonment
Up to 14 years if vehicle is used dangerously, damaged, or during another offence
Legislation: Criminal Code Act Compilation Act 1913 (WA) – Section 371A
Offence: Stealing motor vehicle
Penalty:
Up to 8 years’ imprisonment
Additional charges for driving without authority or dangerous driving
Legislation: Criminal Law Consolidation Act 1935 (SA) – Section 85B
Offence: Illegal use of a motor vehicle
Penalty:
Up to 4 years’ imprisonment
Aggravated circumstances attract longer terms
Legislation: Criminal Code 2002 (ACT) – Section 318
Offence: Taking motor vehicle without consent
Penalty:
Up to 7 years’ imprisonment
Additional penalties for damage, fleeing police, or repeated offending
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
