Section 372.2 Criminal Code Act | Dealing of Identification Information


The Legislation

Section 372.2 of the Criminal Code Act 1995 (Cth) is Dealing of Identification Information and is extracted below.

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372.2 Possession of identification information

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

(a) the first person possesses identification information; and

(b) the first person intends that any person (whether or not the first person) will use the identification information to engage in conduct; and

(c) the conduct referred to in paragraph (b) constitutes an offence against section 372.1.

Penalty: Imprisonment for 3 years.

(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 whether or not the person to whom the identification information concerned relates consented to the possession of the identification information.

(4) This section does not apply to the possession of the first person’s own identification information.