South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 84

84—Certificate for identity theft victims

        (1)         The Magistrates Court may, on application by a person, issue them with a certificate under subsection (2) if satisfied, on the balance of probabilities, that the person is an identity theft victim.

        (2)         A certificate issued to a person is to—

            (a)         identify the person; and

            (b)         give details of the manner in which the person's personal identification information was used to commit the offence (whether or not any person has been charged with, or found guilty of, the offence); and

            (c)         include any other matters considered by the Court to be relevant.

        (3)         The certificate—

            (a)         is not admissible in any criminal proceedings in relation to the offence; and

            (b)         may be varied or revoked by the Court on application by the person to whom it was issued, a police officer or a person who satisfies the Court that they are adversely affected by the certificate.

        (4)         In this section—

"identity theft victim" means a person whose identity has been assumed, or personal identification information has been used, without the person's consent, in connection with the commission of an offence;

"personal identification information" has the same meaning as in Part 5A of the Criminal Law Consolidation Act 1935 .



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