Police Offences Act 1935 – SECT 37B

37B. Motor vehicle stealing

(1) A person who drives or uses a motor vehicle without the consent of the owner or registered operator of the vehicle or of some person who is lawfully in charge of the vehicle and has authority to give that consent is guilty of the offence of motor vehicle stealing.

(2) A complaint made for the purposes of the Justices Act 1959 in relation to an offence under this section is to be made within 12 months after the date of the offence.

(3) If the court before which a person is charged with an offence under this section considers that the offence is so serious that it should be tried on indictment – (a) the offence is taken to be a crime under the Criminal Code

If tried summarily

If the crime is tried summarily the maximum term of imprisonment that a court of petty sessions may impose is a penalty not exceeding 50 penalty units or to imprisonment for a term not exceeding 3 years

If tried on indictment (more serious)

If the crime is tried on indictment the maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

(a)  that a person acted without the consent of the persons' listed under 37B(1)

(b) the person drove or used the motor vehicle 

(a) Duress

(b) Factual dispute

(c) Identification dispute

(d) Lack of intent

(e) Mental impairment

(f) Necessity

(g) This provision does not apply to a police officer or an authorized officer acting in the execution of his duty

Magistrates Court or Supreme Court, depending upon whether summary jurisdiction is elected