42Taking or using animal, vehicle, or vessel without owner's consent

### 42 Taking or using animal, vehicle, or vessel without owner's consent > *\[Section 42 Substituted by No. 32 of 1963, s. 20 \]* > > > (1)  *\[Section 42 Subsection (1) amended by No. 55 of 1965, s. 5 \]**\[Section 42 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 \]**\[Section 42 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*A person shall not take or use any animal that is the property of another person without – > > > > > > (a) the consent of the owner or person in lawful possession thereof; or > > > > > > > (b) other lawful excuse. > > > (1A)  *\[Section 42 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 \]*A person who contravenes a provision of [subsection (1)](#GS42@Gs1@EN) is guilty of an offence and is liable on summary conviction to – > > > > > > (a) a penalty not exceeding 5 penalty units or imprisonment for a term not exceeding 6 months, for a first offence; or > > > > > > > (b) a penalty not exceeding 20 penalty units or imprisonment for a term not exceeding 2 years, for a second or subsequent offence. > > > (2)  *\[Section 42 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*A person shall not – > > > > > > (a) [*\[Section 42 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja19@GC5@EN) take or use any vehicle (other than a motor vehicle within the meaning of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) ); or > > > > > > > (b) [*\[Section 42 Subsection (2) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997\]*](/view/html/inforce/1997-07-30/act-1997-016#JS1@Ja12@GC1@EN) take or use any vessel within the meaning of the [Marine and Safety Authority Act 1997](/view/html/inforce/2026-04-12/act-1997-015) – > > > > that is the property of any other person without the consent of the owner or person in lawful possession thereof. > > > (3)  *\[Section 42 Subsection (3) substituted by No. 13 of 1987, s. 5 and Sched. 1 \]*Subject to [subsections (4)](#GS42@Gs4@EN) and [(5)](#GS42@Gs5@EN) , a person who contravenes a provision of [subsection (2)](#GS42@Gs2@EN) is guilty of an offence and is liable on summary conviction to – > > > > > > (a) a penalty not exceeding 10 penalty units or imprisonment for a term not exceeding 12 months, for a first offence; or > > > > > > > (b) imprisonment for a term of not less than 12 months or more than 2 years, for a second or subsequent offence. > > > (4)  *\[Section 42 Subsection (4) amended by No. 55 of 1965, s. 5 \]**\[Section 42 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*Notwithstanding the provisions of [subsection (3)](#GS42@Gs3@EN) , where a person is convicted of an offence under [subsection (2)](#GS42@Gs2@EN) by taking or using a wheelbarrow, hand cart, bicycle, or other like vehicle the penalty, whether for a first or subsequent offence, shall not exceed 3 penalty units or 3 months' imprisonment. > > > (5)  Notwithstanding the provisions of [subsection (3)](#GS42@Gs3@EN) , where a person is convicted of an offence under [subsection (2)](#GS42@Gs2@EN) , having previously been convicted of an offence thereunder, the court before which he is convicted, if it thinks it reasonable so to do, having regard to all or any of the following matters, namely: > > > > > > (a) The time that has elapsed since the commission of a previous offence; > > > > > > > (b) The character, antecedents, age, health, or mental condition of that person; and > > > > > > > (c) Any other special circumstances – > > > > may impose on that person such penalty being less than the penalty prescribed by [paragraph (b)](#GS42@Gs3@Hpb@EN) of [subsection (3)](#GS42@Gs3@EN) as the court may consider just and reasonable in all the circumstances of the case, but the court shall not in any such case impose a penalty of lesser severity than the fine prescribed in respect of a first offence against [subsection (2)](#GS42@Gs2@EN) . > > > (6)  Nothing in this section affects the law of marine salvage.