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:
- You dishonestly interfered with or copied a unique identifier, or
- You possessed a motor vehicle, vessel or trailer, or part thereof, intending to dishonestly interfere with or copy a unique identifier, or
- You dishonestly made a unique identifier, or a purported unique identifier, or
- 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:
- Marked on it or attached to it
- Marked on anything attached to it, or
- 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.
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