Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 At the end of Chapter 10 of the Criminal Code
Add:
Part 10.8 -- Financial information offences
(1) In this Part:
"ADI" (authorised deposit - taking institution) means a corporation that is an ADI for the purposes of the Banking Act 1959 .
"dealing" in personal financial information includes supplying or using financial information.
"deception" means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
(a) a deception as to the intentions of the person using the deception or any other person; and
(b) conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do.
"dishonest" has the meaning given by section 480.2.
"obtaining" personal financial information includes possessing or making personal financial information.
"personal financial information" means information relating to a person that may be used (whether alone or in conjunction with other information) to access funds, credit or other financial benefits.
(2) For the purposes of this Part, a person is taken to obtain or deal in personal information without the consent of the person to whom the information relates if the consent of that person is obtained by any deception.
(3) This Part extends to personal information relating to:
(a) an individual; or
(b) a corporation; or
(c) a living or dead person.
(1) For the purposes of this Part, dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of ordinary people.
(2) In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.
480.3 Constitutional application of this Part
This Part applies to personal financial information only if:
(a) the funds concerned represent amounts that have been deposited with or lent to, or are otherwise to be provided or made available by, an ADI or a constitutional corporation; or
(b) the credit or other financial benefits concerned are provided, or made available, by an ADI or a constitutional corporation.
480.4 Dishonestly obtaining or dealing in personal financial information
A person is guilty of an offence if the person:
(a) dishonestly obtains, or deals in, personal financial information; and
(b) obtains, or deals in, that information without the consent of the person to whom the information relates.
Penalty: Imprisonment for 5 years.
(1) A person is guilty of an offence if:
(a) the person has possession or control of any thing; and
(b) the person has that possession or control with the intention that the thing be used:
(i) by the person; or
(ii) by another person;
to commit an offence against section 480.4 (dishonestly obtaining or dealing in personal financial information) or to facilitate the commission of that offence.
Penalty: Imprisonment for 3 years.
(2) A person may be found guilty of an offence against subsection (1) even if committing the offence against section 480.4 (dishonestly obtaining or dealing in personal financial information) is impossible.
(3) It is not an offence to attempt to commit an offence against subsection (1).
A person is guilty of an offence if the person:
(a) imports a thing into Australia; and
(b) does so with the intention that the thing be used:
(i) by the person; or
(ii) by another person;
in committing an offence against section 480.3 (dishonestly obtaining or dealing in personal financial information) or to facilitate the commission of that offence.
Penalty: Imprisonment for 3 years.