Section 154G Crimes Act 1900
Car or Boat Rebirthing

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Facilitating Organised Car, Boat or Trailer Rebirthing Activities is an offence under Section 154G of the Crimes Act 1900 which carries a maximum penalty of 14 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You facilitated a car, boat or trailer rebirthing activity,
  2. You knew the activity was such,
  3. The activity was carried out on an organised basis, and
  4. You knew the activity was carried out on that basis.

‘Car, boat or trailer rebirthing activity’ is:

  1. Stealing a motor vehicle, vessel or trailer,
  2. Receiving a stolen motor vehicle, vessel or trailer,
  3. Interfering with a motor vehicle, vessel or trailer, or a unique identifier, for the purpose of concealing the fact the vehicle was stolen,
  4. Affixing stolen parts to a motor vehicle, vessel or trailer,
  5. Interfering with a unique identifier to disguise or misrepresent the identity of a motor vehicle, vessel or trailer,
  6. Registering a stolen motor vehicle, vessel or trailer,
  7. Registering a motor vehicle, vessel or trailer with stolen parts affixed to it, or
  8. Supplying a stolen motor vehicle, vessel or trailer or offering to supply the property.

A ‘unique identifier’ is:

Any set of numbers, letters, symbols or identification information marked or attached to a motor vehicle or vessel, or part thereof, or stored in electronic form in a part of a motor vehicle or vessel, which has the primary purpose of identifying the property or enabling it to be distinguished from other property.

To ‘facilitate’ means to:

  1. Take any step, participate in any step, or cause any step to be taken,
  2. Provide or arrange finance for any step, and
  3. Provide the premises for any step as its owner, lessee or occupier or as a person with care, control or management of the premises.

The activity is carried out on an ‘organised basis’ if:

  1. It is planned, organised or structured or otherwise carried out in a manner that indicates it has occurred on more than one occasion and involves more than one participant, and
  2. It is carried out for profit or gain.

In determining whether activity was carried out on an organised basis, or that you knew it was carried out on an organised basis, the prosecution does not have to prove that:

  1. You knew any of the other participants, or that they knew each other,
  2. The activity was directed by a person or persons in a hierarchical manner, or
  3. The same participants were involved in the activity on each occasion.

Duress is a defence to the charge.

If you are going to court for the offence of Car or Boat Rebirthing, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

The Legislation

Section 154G of the Crimes Act contains the offence of “facilitating organised car or boat rebirthing activities” and reads as follows:

154G Facilitating organised car or boat rebirthing activities

(1) A person who facilitates a car or boat rebirthing activity that is carried out on an organised basis knowing that:
(a) it is a car or boat rebirthing activity, and
(b) it is carried out on an organised basis,
is guilty of an offence.

Maximum penalty: imprisonment for 14 years.

(2) For the purposes of this section, a
“car or boat rebirthing activity” is an activity involving one or more of the following:
(a) the stealing of a motor vehicle or vessel or the receiving of a stolen motor vehicle or stolen vessel,
(b) the interference with a motor vehicle or vessel, or a part of a motor vehicle or vessel, or a unique identifier, for the purpose of concealing the fact that a motor vehicle or vessel, or any part of a motor vehicle or vessel, is stolen,
(c) the affixing of stolen parts to a motor vehicle or vessel,
(d) the interference with a unique identifier, being a unique identifier that wholly or partly identifies a motor vehicle or vessel for registration under a law of any jurisdiction, for the purpose of disguising or misrepresenting the identity of a motor vehicle or vessel,
(e) the registration, in this or any other jurisdiction, of a stolen motor vehicle or stolen vessel, or of a motor vehicle or vessel that has had stolen parts affixed to it,
(f) the supply of, or offering to supply, a stolen motor vehicle or stolen vessel.

(3) A person
“facilitates” a car or boat rebirthing activity if the person:
(a) takes, or participates in, any step, or causes any step to be taken, that is part of the activity, or
(b) provides or arranges finance for any step that is part of the activity, or
(c) provides the premises in which any step that is part of the activity is taken, or allows any step that is part of the activity to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.

(4) A car or boat rebirthing activity is carried out on an
“organised basis” if:
(a) it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant, and
(b) it is carried out for profit or gain.

(5) In proceedings for an offence against this section, for the purpose of proving that an activity was carried out on an organised basis, or that the accused knew it was carried out on an organised basis, it is not necessary to prove:
(a) that the accused knew any of the participants in the activity or that any of the participants knew each other, or
(b) that the activity was planned, organised, structured or otherwise carried out under the direction of any particular person or persons or in any hierarchical manner, or
(c) that the same participants were involved on each occasion on which the activity was carried out.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

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  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

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    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

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  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

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  10. Team of Lawyers Behind You

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  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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