Criminal Code Act 1995
1 At the end of Chapter 10 of the Criminal Code
Add:
Part 10.8Financial information offences
480.1 Definitions
"dealing" in personal financial information includes supplying or using financial information.
"deception" means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
(a) a deception as to the intentions of the person using the deception or any
other person; and
(b) conduct by a person that causes a computer, a machine or an electronic
device to make a response that the person is not authorised to cause
it to do.
"obtaining" personal financial information includes possessing or making personal financial information.
"personal financial information" means information relating to a person that may be used (whether alone or in conjunction with other information) to access funds, credit or other financial benefits.
(a) an individual; or
(b) a corporation; or
(c) a living or dead person.
480.2 Dishonesty
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of
ordinary people.
480.3 Constitutional application of this Part
(a) the funds concerned represent amounts that have been deposited with or
lent to, or are otherwise to be provided or made available by, an ADI or a
constitutional corporation; or
(b) the credit or other financial benefits concerned are provided, or made
available, by an ADI or a constitutional corporation.
480.4
Dishonestly obtaining or dealing in personal financial information
(a) dishonestly obtains, or deals in, personal financial information; and
(b) obtains, or deals in, that information without the consent of the
person to whom the information relates.
Penalty: Imprisonment for 5 years.
480.5 Possession or control of thing with intent to dishonestly obtain or deal in personal financial information
(a) the person has possession or control of any thing; and
(b) the person has that possession or control with the intention that the
thing be used:
(i) by the person; or
(ii) by another person;
to commit an offence against section 480.4 (dishonestly obtaining or
dealing in personal financial information) or to facilitate the commission of
that offence.
Penalty: Imprisonment for 3 years.
480.6 Importation of thing with intent to dishonestly obtain or deal in personal financial information
(a) imports a thing into Australia; and
(b) does so with the intention that the thing be used:
(i) by the person; or
(ii) by another person;
in committing an offence against section 480.3 (dishonestly obtaining or
dealing in personal financial information) or to facilitate the commission of
that offence.
Penalty: Imprisonment for 3 years.