South Australian Numbered Acts South Australian Numbered ActsAfter Part 5 insert:
Part 5A—Identity theft
144A—Interpretation
In this Part—
"criminal purpose" means the purpose of committing, or facilitating the
commission of, an offence;
"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;
"electronic communication" means a communication transmitted in the form of
electronic or computer data;
"false identity"—a person assumes a false identity if the person
pretends to be, or passes himself or herself off as, some other person;
The other person may be—
(a)
living or dead;
(b) real
or fictional;
(c)
natural or corporate.
"personal identification information"—a person's personal identification
information is information used to identify the person, and includes—
(a) in
the case of a natural person—
(i)
information about the person such as his or her name,
address, date or place of birth, marital status, relatives and so on;
(ii)
the person's driver's licence or driver's licence number;
(iii)
the person's passport or passport number;
(iv)
biometric data relating to the person;
(v)
the person's voice print;
(vi)
the person's credit or debit card, its number, and data
stored or encrypted on it;
(vii)
any means commonly used by the person to identify himself
or herself (including a digital signature);
(viii)
a series of numbers or letters (or a combination of both)
intended for use as a means of personal identification;
(b) in
the case of a body corporate—
(i)
its name;
(ii)
its ABN;
(iii)
the number of any bank account established in the body
corporate's name or of any credit card issued to the body corporate;
"prohibited material" means anything (including personal identification
information) that enables a person to assume a false identity or to exercise a
right of ownership that belongs to someone else to funds, credit, information
or any other financial or non-financial benefit;
"serious criminal offence" means—
(a) an
indictable offence; or
(b) an
offence prescribed by regulation for the purposes of this definition;
"voice print" means computer data recording the unique characteristics of a
person's voice.
144B—False identity etc
(1) A person
who—
(a)
assumes a false identity; or
(b)
falsely pretends—
(i)
to have particular qualifications; or
(ii)
to have, or to be entitled to act in, a particular
capacity,
makes a false pretence to which this section applies.
(2) A person who
assumes a false identity makes a false pretence to which this section applies
even though the person acts with the consent of the person whose identity is
falsely assumed.
(3) A person who makes
a false pretence to which this section applies intending, by doing so, to
commit, or facilitate the commission of, a serious criminal offence is guilty
of an offence and liable to the penalty appropriate to an attempt to commit
the serious criminal offence.
144C—Misuse of personal identification information
(1) A person who makes
use of another person's personal identification information intending, by
doing so, to commit, or facilitate the commission of, a serious criminal
offence, is guilty of an offence and liable to the penalty appropriate to an
attempt to commit the serious criminal offence.
(2) This section
applies irrespective of whether the person whose personal identification
information is used—
(a) is
living or dead; or
(b)
consents to the use of the personal identification information.
144D—Prohibited material
(1) A person
who—
(a)
produces prohibited material; or
(b) has
possession of prohibited material,
intending to use the material, or to enable another person to use the
material, for a criminal purpose is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.
(2) A person who sells
(or offers for sale) or gives (or offers to give) prohibited material to
another person, knowing that the other person is likely to use the material
for a criminal purpose is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.
(3) A person who is in
possession of equipment for making prohibited material intending to use it to
commit an offence against this section is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.
144E—Attempt offence excluded
A person cannot be convicted of an attempt to commit an offence against this
Part.
144F—Application of Part
This Part does not apply—
(a) to
misrepresentation by a person under the age of 18 years for the purpose
of—
(i)
obtaining alcohol, tobacco or any other product not
lawfully available to persons under the age of 18; or
(ii)
gaining entry to premises to which access is not
ordinarily allowed to persons under the age of 18; or
(b) to
any thing done by a person under that age to facilitate such a
misrepresentation.