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CRIMINAL CODE AND CIVIL LIABILITY AMENDMENT ACT 2007 No. 14 - SECT 6

6 Insertion of new s 408D

After section 408C--

insert--

'(1) A person who obtains or deals with another entity's identification information for the purpose of committing, or facilitating the commission of, an indictable offence commits a misdemeanour.

Maximum penalty--3 years imprisonment.

'(2) For subsection (1), it is immaterial whether the other entity is alive or dead, or exists or does not exist, or consents or does not consent to the obtaining or dealing.

'(3) When a court is sentencing a person for an offence against subsection (1), the court may order that the court's certificate be issued to the other entity stating the offence, the entity's name and anything else the court considers relevant for the entity's benefit.

'(4) The order may be made on the court's own initiative or on application by the entity or the prosecutor.

'(5) If the person is sentenced on a plea of guilty, the certificate may be given to the entity immediately.

'(6) If subsection (5) does not apply, the certificate must not be given to the entity until the later of the following--

(a) the end of any period allowed for appeal against conviction;
(b) if an appeal is started--the end of any proceedings on the appeal.

'(7) In this section--

dealing, with identification information, includes supplying or using the information.

digital signature means encrypted electronic or computer data intended for the exclusive use of a particular person as a means of identifying himself or herself as the sender of an electronic communication.

identification information, of another entity, means information about, or identifying particulars of, the entity that is capable of being used, whether alone or in conjunction with other information, to identify or purportedly identify the entity.

Examples for an entity that is an individual--
information about the individual or the individual's relatives including name, address, date of birth, marital status and similar information
the individual's driver licence or driver licence number
the individual's passport or passport number
anything commonly used by an individual to identify himself or herself, including a digital signature
the individual's financial account numbers, user names and passwords
a series of numbers or letters (or a combination of both) intended for use as a means of personal identification
any data stored or encrypted on the individual's credit or debit card
biometric data relating to the individual
the individual's voice print
a false driver licence or other false form of identification for a fictitious individual
Examples for an entity that is a body corporate--
the body corporate's name
the body corporate's ABN
the body corporate's financial account numbers
any data stored or encrypted on a credit or debit card issued to the body corporate

obtaining, identification information, includes possessing or making the information.'.



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