South Australian Current Acts South Australian Current Acts86A—Using motor vehicle without consent
(1) A person who, on a
road or elsewhere, drives, uses or interferes with a motor vehicle without
first obtaining the consent of the owner of the vehicle is guilty of an
offence.
Penalty:
For a first offence—imprisonment for 2 years;
For a subsequent offence—imprisonment for not less than 3 months and not
more than 4 years.
(2) Where an adult
court finds a person guilty of an offence against this section, the court must
(whether or not it convicts the person of the offence and in addition to any
other order that it may make in relation to the person) order that the person
be disqualified from holding or obtaining a driver's licence for a period of
12 months.
(3) Notwithstanding
the Young Offenders Act 1993 where the Youth Court finds a charge of an
offence against this section proved against a child, the Court must (whether
or not it convicts the child of the offence and in addition to any other order
that it may make in relation to the child) order that the child be
disqualified from holding or obtaining a driver's licence for a period of 12
months (commencing, in the case of a child who has not attained the qualifying
age for a driver's licence, not earlier than when the child attains that age).
(4) The
disqualification prescribed by subsection (2) or (3) cannot be reduced or
mitigated in any way or be substituted by any other penalty or sentence.
(5) The court may, in
addition to imposing a penalty under this section, order the defendant to pay
to the owner of the motor vehicle driven, used or interfered with in
contravention of this section such sum as the court thinks proper by way of
compensation for loss or damage suffered by the owner.
(6)
Subsections (1) and (5) do not apply to any person acting in the exercise
of any power conferred, or the discharge of any duty imposed, under the
Road Traffic Act 1961 or any other Act.
(7) In this
section—
"drive", "driver's licence", "motor
vehicle", " road" and " owner" have the same meanings as in the
Road Traffic Act 1961 .