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) 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] take or use any vehicle (other than a motor vehicle within the meaning of the Vehicle and Traffic Act 1999 ); or

(b) [Section 42 Subsection (2) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] take or use any vessel within the meaning of the Marine and Safety Authority Act 1997 –

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) and (5) , a person who contravenes a provision of is guilty of an offence and is liable on summary conviction to –