Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 (167 of 2012)

Schedule 2   Identity crime and air travel

Part 1   Identity crime

Criminal Code Act 1995

3   After section 372.1 of the Criminal Code

Insert:

372.1A Dealing in identification information that involves use of a carriage service

Dealing in identification information using a carriage service

(1) A person (the first person ) commits an offence if:

(a) the first person deals in identification information; and

(b) the first person does so using a carriage service; and

(c) the first person intends that any person (the user ) (whether or not the first person) will use the identification information to pretend to be, or to pass the user off as, another person (whether living, dead, real or fictitious) for the purpose of:

(i) committing an offence; or

(ii) facilitating the commission of an offence; and

(d) the offence referred to in paragraph (c) is:

(i) an indictable offence against a law of the Commonwealth; or

(ii) an indictable offence against a law of a State or Territory; or

(iii) a foreign indictable offence.

Penalty: Imprisonment for 5 years.

Note: Deal , in identification information, includes make, supply or use any such information. See section 370.1.

(2) Absolute liability applies to the paragraphs (1)(b) and (d) elements of the offence.

Note: For absolute liability, see section 6.2.

Dealing in identification information obtained using a carriage service

(3) A person (the first person ) commits an offence if:

(a) the first person obtains identification information; and

(b) the first person does so using a carriage service; and

(c) the first person deals in the identification information; and

(d) the first person intends that any person (the user ) (whether or not the first person) will use the identification information to pretend to be, or to pass the user off as, another person (whether living, dead, real or fictitious) for the purpose of:

(i) committing an offence; or

(ii) facilitating the commission of an offence; and

(e) the offence referred to in paragraph (d) is:

(i) an indictable offence against a law of the Commonwealth; or

(ii) an indictable offence against a law of a State or Territory; or

(iii) a foreign indictable offence.

Penalty: Imprisonment for 5 years.

Note: Deal , in identification information, includes make, supply or use any such information. See section 370.1.

(4) Absolute liability applies to the paragraphs (3)(b) and (e) elements of the offence.

Note: For absolute liability, see section 6.2.

Presumption that conduct was engaged in using carriage service

(5) If the prosecution proves beyond reasonable doubt that a person engaged in the conduct referred to in paragraph (1)(a) or (3)(a), then it is presumed, unless the person proves to the contrary, that the person used a carriage service to engage in that conduct.

Note: A defendant bears a legal burden in relation to the matter in this subsection. See section 13.4.

Application of section

(6) This section applies:

(a) even if:

(i) committing the offence referred to in paragraph (1)(c) or (3)(d) is impossible; or

(ii) the offence referred to in paragraph (1)(c) or (3)(d) is to be committed at a later time; and

(b) whether or not the person to whom the identification information concerned relates consented to the dealing in the identification information.

(7) This section does not apply to dealing in the first person's own identification information.