Section 154H Crimes Act | Making Using Interfering with Unique Identifiers


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The Legislation

Section 154H of the Crimes Act is the offence of Making Using Interfering with Unique Identifiers and is extracted below.

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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 or vessel, or a part of a motor vehicle or vessel, 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 or a part of a motor vehicle or vessel as a genuine unique identifier for the motor vehicle, vessel or part, when the information is not in fact a genuine unique identifier for that motor vehicle, vessel 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 or a part of a motor vehicle or vessel if it is:
(a) marked on or attached to the motor vehicle, vessel or part, or
(b) marked on a thing attached to the motor vehicle, vessel or part, or
(c) stored in electronic form in a part of the motor vehicle or vessel.

(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 or a part of a motor vehicle or vessel as a genuine unique identifier for the motor vehicle, vessel 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 or a part of a motor vehicle or vessel as a genuine unique identifier includes a reference to causing a computer to respond to the information attached to the motor vehicle, vessel or part as if it were a genuine unique identifier.

(5) In this section:”information” includes numbers, letters or symbols.