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Facilitating Organised Car, Boat or Trailer Rebirthing Activities

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
  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.

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