Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.5 - Identity crime  

Division 375 - Victims ' certificates  

SECTION 375.1   Certificate may be issued by magistrate in relation to victim of identity crime  

(1)  
A magistrate may, on application by a person (the victim ), issue a certificate under this section if the magistrate is satisfied, on the balance of probabilities, that:


(a) another person (the dealer ) has dealt in identification information; and


(b) the dealer intended that any person (the user ) (whether or not the dealer) would use the identification information to pretend to be, or to pass the user off as, another person (whether the victim or another person living, dead, real or fictitious) for the purpose of:


(i) committing an offence; or

(ii) facilitating the commission of an offence; and


(c) the certificate may assist with any problems the dealing has caused in relation to the victim ' s personal or business affairs; and


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

Note:

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

(2)  
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.




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