Section 154J of the Crimes Act 1900 (NSW) makes it an offence to knowingly possess an identification plate that is not attached to the motor vehicle or trailer it relates to, unless the person has a reasonable excuse. The offence carries a maximum penalty of five years imprisonment.

Elements

Knowingly Possess:

The person must be aware that they have the identification plate in their possession.

Not Attached to the Correct Vehicle:

The plate is not on the vehicle it is meant for.

Without Reasonable Excuse:

The person must demonstrate a lawful reason for having the plate in their possession, but not attaching it to the relevant vehicle or trailer.

Penalties

The maximum penalty is imprisonment for up to 5 years.

Definitions

An identification plate has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth.

Motor vehicle means a motor vehicle within the meaning of the Road Transport Act 2013 (NSW).

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

See author's posts