79AAggravated carjacking

79A Aggravated carjacking

(1) A person commits an aggravated carjacking if the person commits a carjacking and—

(a) at the time the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive; or

(b) in the course of the carjacking the person causes injury to another person.

S. 79A(2) amended by No. 54/2025 s. 6.

(2) A person who commits an aggravated carjacking commits an offence and is liable to level 1 imprisonment (life).

explosive, firearm, imitation explosive, imitation firearm, and offensive weapon have the same meanings as in section 77;

injury has the same meaning as in section 15.

Note 1AA
to s. 79A inserted by No. 48/2018 s. 92(a).

1AA An offence against this section is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

1 Section 10AD of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 79A and that a non-parole period of not less than 3 years be fixed under section 11 of that Act unless the court finds under section 10A of that Act that a special reason exists.

Note 2
to s. 79A amended by No. 48/2018 s. 92(b), repealed by No. 23/2020 s. 16.

S. 80 substituted by No. 8425 s. 2(1)(b), amended by No. 9576 s. 11(1).