Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

79 Carjacking

(1)A person (A) commits a carjacking if A steals a vehicle and either—

S. 79(1) amended by No. 54/2025 s. 10(1)(a).

* * * * *

(b)immediately before or at the time of doing so, and in order to do so, A—

(i)uses force on another person; or

(ii)puts or seeks to put another person (B) in fear that B or anyone else will then and there be subjected to force; or

S. 79(1)(b)(ii) amended by No. 54/2025 s. 10(1)(c).

(c)a child who is under the age of 10 is in the vehicle when A steals it.

S. 79(1)(c) inserted by No. 54/2025 s. 10(1)(d).

(1A)For the purposes of subsection (1)(c), it is immaterial whether or not A knew that the child was in the vehicle.

S. 79(1A) inserted by No. 54/2025 s. 10(2).

(2)A person who commits a carjacking commits an offence and is liable to level 4 imprisonment (15 years maximum).

(3)In this section— vehicle includes—

(a)a motor vehicle;

S. 79(1)(a) repealed by No. 54/2025 s. 10(1)(b).

(b)a vessel within the meaning of the Marine Safety Act 2010.

An offence against this section is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.