Making, Using or Interfering with Unique Identifiers

Making, Using or Interfering with Unique Identifiers is an offence under section 154H of the Crimes Act 1900 which carries a maximum penalty of 7 years in prison.

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

1. You dishonestly interfered with or copied a unique identifier, or
2. You possessed a motor vehicle, vessel or trailer, or part thereof, intending to dishonestly interfere with or copy a unique identifier, or
3. You dishonestly made a unique identifier, or a purported unique identifier, or
4. You knowingly induced another person to accept information that was attached to a motor vehicle, vessel, trailer, or part thereof, as a genuine unique identifier when it was not a genuine unique identifier

A ‘unique identifier’ is:

Any sequences 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.

A unique identifier is ‘attached’ to a motor vehicle, vessel or trailer if it is:

1. Marked on it or attached to it
2. Marked on anything attached to it, or
3. Stored in electronic form in a part of it

‘Information’ includes numbers, letters or symbols.

‘Inducing’ another person includes causing a computer to accept the information as genuine.

Duress is a defence to the charge.