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This is a Bill, not an Act. For current law, see the Acts databases.


                     Western Australia

Criminal Code (Identity Theft) Amendment Bill


   1.   Short title                                             2
   2.   Commencement                                            2
   3.   Act amended                                             2
   4.   Chapter XLIVB inserted                                  2
        Chapter XLIVB -- Obtaining or
           dealing with identification
        440B.   Obtaining or dealing with identification
                information                                2

                           045 -- 1                             page i
                           Western Australia

                     LEGISLATIVE ASSEMBLY

                   (Introduced by Mr Quigley, MLA)

Criminal Code (Identity Theft) Amendment Bill

                               A Bill for

An Act to amend the Criminal Code.

The Parliament of Western Australia enacts as follows:

                                                         page 1
     Criminal Code (Identity Theft) Amendment Bill 2009

     s. 1

 1   1.       Short title
 2            This Act is the Criminal Code (Identity Theft) Amendment Act
 3            2009.

 4   2.       Commencement
 5            This Act comes into operation as follows --
 6             (a) sections 1 and 2 - on the day on which this Act receives
 7                   the Royal Assent;
 8             (b) the rest of the Act - on the day after that day.

 9   3.       Act amended
10            This Act amends the Criminal Code.

11   4.       Chapter XLIVB inserted
12            Insert after Chapter XLIVA:

14             Chapter XLIVB -- Obtaining or dealing with
15                      identification information
16          440B.   Obtaining or dealing with identification information
17            (1)   A person who obtains or deals with another entity's
18                  identification information for the purpose of
19                  committing, or facilitating the commission of, an
20                  indictable offence commits a misdemeanour.
21                  Maximum penalty -- 3 years imprisonment.
22            (2)   A person who possesses equipment that is capable of
23                  being used to make identification documentation, with
24                  the intention that the person or another person will use
25                  the equipment to commit an offence against this
26                  section commits a misdemeanour.
27                  Maximum Penalty - 3 years imprisonment.

     page 2
                   Criminal Code (Identity Theft) Amendment Bill 2009

                                                                       s. 4

 1   (3)   This section applies to a person who intends to commit,
 2         or facilitate the commissioning of, an offence even if
 3         the committing of the offence concerned is impossible
 4         or the offence concerned is to be committed at a later
 5         time, and in the case of subsection (1), whether or not
 6         the person to whom the identification information
 7         concerns relates consented to the dealing in, or
 8         possession of, the identification information.
 9   (4)   Subsection (1) does not apply to dealing in, or the
10         possession of, a person's own identification
11         information.
12   (5)   For subsection (1), it is immaterial whether the other
13         entity is alive or dead, or exists or does not exist, or
14         consents or does not consent to the obtaining or
15         dealing.
16   (6)   When a court is sentencing a person for an offence
17         against subsection (1), the court may order that the
18         court's certificate be issued to the other entity stating
19         the offence, the entity's name and anything else the
20         court considers relevant for the entity's benefit.
21   (7)   The order may be made on the court's own initiative or
22         on application by the entity or the prosecutor.
23   (8)   If the person is sentenced on a plea of guilty, the
24         certificate may be given to the entity immediately.
25   (9)   If subsection (8) does not apply, the certificate must
26         not be given to the entity until the later of the
27         following --
28           (a) the end of any period allowed for appeal
29                 against conviction;
30           (b) if an appeal is started -- the end of any
31                 proceedings on the appeal.

                                                                    page 3
     Criminal Code (Identity Theft) Amendment Bill 2009

     s. 4

 1            (10)   In this section --
 2                   dealing, with identification information, includes
 3                   supplying or using the information.
 4                   digital signature means encrypted electronic or
 5                   computer data intended for the exclusive use of a
 6                   particular person as a means of identifying himself or
 7                   herself as the sender of an electronic communication.
 8                   identification information, of another entity, means
 9                   information about, or identifying particulars of, the
10                   entity that is capable of being used, whether alone or in
11                   conjunction with other information, to identify or
12                   purportedly identify the entity.
13                   Examples for an entity that is an individual --
14                   •  information about the individual or the individual's
15                     relatives including name, address, date of birth,
16                     marital status and similar information.
17                   •  the individual's driver licence or driver licence
18                     number.
19                   •  the individual's passport or passport number.
20                   •  anything commonly used by an individual to identify
21                     himself or herself, including a digital signature.
22                   •  the individual's financial account numbers, user
23                     names and passwords.
24                   •  a series of numbers or letters (or a combination of
25                     both) intended for use as a means of personal
26                     identification.
27                   •  any data stored or encrypted on the individual's
28                     credit or debit card.
29                   •  biometric data relating to the individual.
30                   •  the individual's voice print.

     page 4
              Criminal Code (Identity Theft) Amendment Bill 2009

                                                             s. 4

 1    •  a false driver licence or other false form of
 2      identification for a fictitious individual.
 3   Examples for an entity that is a body corporate --
 4    •  the body corporate's name.
 5    •  the body corporate's ABN.
 6    •  the body corporate's financial account numbers.
 7    •  any data stored or encrypted on a credit or debit card
 8      issued to the body corporate.
 9    obtaining, identification information, includes
10    possessing or making the information.



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