Section 372.1 Criminal Code Act | Dealing in Identification Information


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The Legislation

Section 372.1 of the Criminal Code Act 1995 (Cth) is Dealing in Identification Information and is extracted below.

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372.1 Dealing in identification information

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

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

(b) 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

(c) the offence referred to in paragraph (b) is an indictable offence against a law of the Commonwealth.

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 paragraph (1)(c) element of the offence.

Note:     For absolute liability, see section 6.2.

(3) This section applies:

(a) even if:

(i) committing the offence referred to in paragraph (1)(b) is impossible; or

(ii) the offence referred to in paragraph (1)(b) 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.

(4) This section does not apply to dealing in the first person’s own identification information

Relevant Definitions are as follows:

deal, in identification information, includes make, supply or use any such information.

identification documentation means any document or other thing that:

(a) contains or incorporates identification information; and

(b) is capable of being used by a person for the purpose of pretending to be, or passing the person off as, another person (whether living, dead, real or fictitious).

identification information means information, or a document, relating to a person (whether living, dead, real or fictitious) that is capable of being used (whether alone or in conjunction with other information or documents) to identify or purportedly identify the person, including any of the following:

(a) a name or address;

(b) a date or place of birth, whether the person is married or has a de facto partner, relatives’ identity or similar information;

(c) a driver’s licence or driver’s licence number;

(d) a passport or passport number;

(e) biometric data;

(f) a voice print;

(g) a credit or debit card, its number, or data stored or encrypted on it;

(h) a financial account number, user name or password;

(i) a digital signature;

(j) a series of numbers or letters (or both) intended for use as a means of personal identification;

(k) an ABN.