Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.5 - Identity crime  

Division 372 - Identity fraud offences  

SECTION 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:


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

(ii) 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 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.




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