Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Code (Identity Theft) Amendment Bill
(No. 2) 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Chapter XLIVB inserted 2
Part XLIVB -- Obtaining or dealing with
identification information
440B. Interpretation 2
440C. False identity etc. 4
440D. Misuse of personal identification
information 5
440E. Prohibited material 5
440F. Attempt offence excluded 6
440G. Application of Part 6
440H. Certificate for victims of identify theft 6
92--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Quigley, MLA)
Criminal Code (Identity Theft) Amendment Bill
(No. 2) 2009
A Bill for
An Act to amend The Criminal Code to render unlawful obtaining or
dealing with another entity's identification and/or the possession of
equipment capable of copying another person's identification
documentation for the purpose of committing an offence.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Code (Identity Theft) Amendment Bill (No. 2) 2009
s. 1
1 1. Short title
2 This Act is the Criminal Code (Identity Theft) Amendment Act
3 (No. 2) 2009.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Act amended
10 This Act amends The Criminal Code.
11 4. Chapter XLIVB inserted
12 Insert after Chapter XLIVA:
13
14 Part XLIVB -- Obtaining or dealing with
15 identification information
16 440B. Interpretation
17 In this Part --
18 criminal purpose means the purpose of committing, or
19 facilitating the commission of, an offence;
20 digital signature means encrypted electronic or
21 computer data intended for the exclusive use of a
22 particular person as a means of identifying himself or
23 herself as the sender of an electronic communication;
24 electronic communication means a communication
25 transmitted in the form of electronic or computer data;
page 2
Criminal Code (Identity Theft) Amendment Bill (No. 2) 2009
s. 4
1 false identity -- a person assumes a false identity if the
2 person pretends to be, or passes himself or herself off
3 as, some other person. The other person may be --
4 (a) living or dead;
5 (b) real or fictional;
6 (c) natural or corporate;
7 personal identification information -- a person's
8 personal identification information is information used
9 to identify the person, and includes --
10 (a) in the case of a natural person --
11 (i) information about the person such as his
12 or her name, address, date or place of
13 birth, marital status, relatives and so on;
14 (ii) the person's driver's licence or driver's
15 licence number;
16 (iii) the person's passport or passport
17 number;
18 (iv) biometric data relating to the person;
19 (v) the person's voice print;
20 (vi) the person's credit or debit card, its
21 number, and data stored or encrypted on
22 it;
23 (vii) any means commonly used by the
24 person to identify himself or herself
25 (including a digital signature);
26 (viii) a series of numbers or letters (or a
27 combination of both) intended for use as
28 a means of personal identification;
29 (b) in the case of a body corporate --
30 (i) its name;
31 (ii) its ABN;
page 3
Criminal Code (Identity Theft) Amendment Bill (No. 2) 2009
s. 4
1 (iii) the number of any bank account
2 established in the body corporate's
3 name or of any credit card issued to the
4 body corporate;
5 prohibited material means anything (including
6 personal identification information) that enables a
7 person to assume a false identity or to exercise a right
8 of ownership that belongs to someone else to funds,
9 credit, information or any other financial or
10 non-financial benefit;
11 serious criminal offence means --
12 (a) an indictable offence; or
13 (b) an offence prescribed by regulation for the
14 purposes of this definition;
15 voice print means computer data recording the unique
16 characteristics of a person's voice;
17 victim means a person whose identity has been
18 assumed, or personal identification information has
19 been used, without the person's consent, in connection
20 with the commission of the offence.
21 440C. False identity etc.
22 (1) A person who --
23 (a) assumes a false identity; or
24 (b) falsely pretends --
25 (i) to have particular qualifications; or
26 (ii) to have, or to be entitled to act in, a
27 particular capacity,
28 makes a false pretence to which this section
29 applies.
page 4
Criminal Code (Identity Theft) Amendment Bill (No. 2) 2009
s. 4
1 (2) A person who assumes a false identity makes a false
2 pretence to which this section applies even though the
3 person acts with the consent of the person whose
4 identity is falsely assumed.
5 (3) A person who makes a false pretence to which this
6 section applies intending, by doing so, to commit, or
7 facilitate the commission of, a serious criminal offence
8 is guilty of an offence and liable to the penalty
9 appropriate to an attempt to commit the serious
10 criminal offence.
11 440D. Misuse of personal identification information
12 (1) A person who makes use of another person's personal
13 identification information intending, by doing so, to
14 commit, or facilitate the commission of, a serious
15 criminal offence, is guilty of an offence and liable to
16 the penalty appropriate to an attempt to commit the
17 serious criminal offence.
18 (2) This section applies irrespective of whether the person
19 whose personal identification information is used --
20 (a) is living or dead; or
21 (b) consents to the use of the personal
22 identification information.
23 440E. Prohibited material
24 (1) A person who --
25 (a) produces prohibited material; or
26 (b) has possession of prohibited material,
27 intending to use the material, or to enable another
28 person to use the material, for a criminal purpose is
29 guilty of an offence.
30 Maximum penalty: Imprisonment for 3 years.
page 5
Criminal Code (Identity Theft) Amendment Bill (No. 2) 2009
s. 4
1 (2) A person who sells (or offers for sale) or gives (or
2 offers to give) prohibited material to another person,
3 knowing that the other person is likely to use the
4 material for a criminal purpose is guilty of an offence.
5 Maximum penalty: Imprisonment for 3 years.
6 (3) A person who is in possession of equipment for making
7 prohibited material intending to use it to commit an
8 offence against this section is guilty of an offence.
9 Maximum penalty: Imprisonment for 3 years.
10 440F. Attempt offence excluded
11 A person cannot be convicted of an attempt to commit
12 an offence against this Part.
13 440G. Application of Part
14 This Part does not apply --
15 (a) to misrepresentation by a person under the age
16 of 18 years for the purpose of --
17 (i) obtaining alcohol, tobacco or any other
18 product not lawfully available to
19 persons under the age of 18; or
20 (ii) gaining entry to premises to which
21 access is not ordinarily allowed to
22 persons under the age of 18; or
23 (b) to any thing done by a person under that age to
24 facilitate such a misrepresentation.
25 440H. Certificate for victims of identify theft
26 (1) A court that finds a person guilty of an offence
27 involving --
28 (a) the assumption of another person's identity; or
29 (b) the use of another person's personal
30 identification information,
page 6
Criminal Code (Identity Theft) Amendment Bill (No. 2) 2009
s. 4
1 may, on application by a victim of the offence, issue a
2 certificate under subsection (2).
3 (2) The certificate is to give details of --
4 (a) the offence; and
5 (b) the name of the victim; and
6 (c) any other matters considered by the court to be
7 relevant.
8
9
[Index] [Search] [Download] [Related Items] [Help]