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10. Offences against property
 
  Article 80-Offences of unlicensed operation of machines  
80.1 Unlicensed operation of Machines  
  A machine is any powered device, whether mobile or stationery which produces work. The unlicensed operation of machines is where a person operates a machine to which he/she is not properly licensed at the time of the offence.  
 
 Primary Fact(s)
 1. That the device in question is a machine;
 2. That the operation of the machine requires a certain type of valid qualification/license;
 3. That the accused was in control of the operation of the machine for a brief period of time;
 4. At the time of the offense, the accused was not properly licensed to operate such a machine.
 
 
 Penalty Conditions (Level 1-Crime)
Type
 Condition(s)
1-3
 a) if motor vehicle and license expired without restriction on renewal;
b) if motorised boat and license expired without restriction on renewal;
4-6
 a) if small aircraft and license expired without restriction on renewal;
b) if commercial transport vehicle and license expired without restriction on renewal;
c) if military vehicle and license expired without restriction on renewal;
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-3
 a) if motor vehicle license cancelled and first time offence;
b) if motor vehicle and never been licensed and first offence;
4-6
 a) if commercial aircraft and license expired without restriction on renewal;
b) if small aircraft license cancelled;
c) if commercial transport vehicle and license cancelled;
d) if military vehicle and license cancelled;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) if motor vehicle license cancelled and 2nd time offence;
b) if small aircraft and never been licensed;
c) if motor vehicle, never been licensed and 2nd time offence;
4-6
 a) if commercial aircraft license cancelled;
b) if commercial transport vehicle and never been licensed;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) if motor vehicle license cancelled and more than 2 previous offences;
b) if motor vehicle, never been licensed and 3rd offence;
4-6
 a) if commercial aircraft and never been licensed;
b) if commercial transport vehicle and license cancelled, 2nd offence;
c) if military vehicle and never licensed;
d) A
 
 
 Penalty Conditions (Level 5-Crime)
Type
 Condition(s)
1-3
 a) if armed military vehicle and never licensed;
 
     
 
 

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