37BMotor vehicle stealing

### 37B Motor vehicle stealing > *\[Section 37B Inserted by No. 23 of 1973, s. 2 \]* > > > (1)  [*\[Section 37B Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja19@GC2@Hpc@EN) Subject to [subsection (2)](#GS37B@Gs2@EN) , a person who drives or uses a motor vehicle without the consent of the owner or registered operator of the vehicle or of some person who is lawfully in charge of the vehicle and has authority to give that consent is guilty of the offence of motor vehicle stealing. > > > (2)  [Subsection (1)](#GS37B@Gs1@EN) does not apply to or in relation to the driving or use of a motor vehicle by a police officer or an authorized officer acting in the execution of his duty. > > > (3)  [*\[Section 37B Subsection (3) inserted by No. 10 of 1998, s. 4, Applied:22 May 1998\]*](/view/html/inforce/1998-05-22/act-1998-010#GS4@EN) A complaint made for the purposes of the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) in relation to an offence under this section is to be made within 12 months after the date of the offence. > > > (4)  [*\[Section 37B Subsection (4) inserted by No. 86 of 2001, s. 15, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-086#GS15@EN) If the court before which a person is charged with an offence under this section considers that the offence is so serious that it should be tried on indictment – > > > > > > (a) the offence is taken to be a crime under the *Criminal Code*; and > > > > > > > (b) the court is to proceed under [Part VII of the](/view/html/inforce/2026-04-12/act-1959-077#HPVII@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) .