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New South Wales
Crimes Amendment (Fraud, Identity
and Forgery Offences) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Principal amendments to Crimes Act 1900 No 40 3
Schedule 2 Consequential and other amendments to Crimes
Act 1900 No 40 13
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209 16
Schedule 4 Consequential amendment of other Acts 18
b2006-129-40.d19a
New South Wales
Crimes Amendment (Fraud, Identity
and Forgery Offences) Bill 2009
No , 2009
A Bill for
An Act to amend the Crimes Act 1900 with respect to fraud, identity, forgery and
other related offences; and to make related amendments to the Criminal Procedure
Act 1986 and other Acts.
Clause 1 Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Fraud, Identity and Forgery 3
Offences) Act 2009. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Principal amendments to Crimes Act 1900 No 40 Schedule 1
Schedule 1 Principal amendments to Crimes Act 1
1900 No 40 2
[1] Section 4B 3
Insert after section 4A: 4
4B Dishonesty 5
(1) In this Act: 6
dishonest means dishonest according to the standards of ordinary 7
people and known by the defendant to be dishonest according to 8
the standards of ordinary people. 9
(2) In a prosecution for an offence, dishonesty is a matter for the trier 10
of fact. 11
[2] Section 10F 12
Insert after section 10E: 13
10F Special provisions with respect to geographical jurisdiction 14
(1) This section applies for the purposes of, but without limiting, this 15
Part. 16
(2) The necessary geographical nexus exists between the State and 17
any of the following offences if the offence is committed by a 18
public official (within the meaning of the Independent 19
Commission Against Corruption Act 1988) and involves public 20
money of the State or property held by the public official for or 21
on behalf of the State: 22
(a) larceny or any offence that includes larceny, 23
(b) fraud or any other offence under Part 4AA. 24
[3] Parts 4AA and 4AB 25
Insert after section 193 (renumbered as section 192A by Schedule 2): 26
Part 4AA Fraud 27
Division 1 Preliminary 28
192B Deception 29
(1) In this Part, deception means any deception, by words or other 30
conduct, as to fact or as to law, including: 31
Page 3
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Schedule 1 Principal amendments to Crimes Act 1900 No 40
(a) a deception as to the intentions of the person using the 1
deception or any other person, or 2
(b) conduct by a person that causes a computer, a machine or 3
any electronic device to make a response that the person is 4
not authorised to cause it to make. 5
(2) A person does not commit an offence under this Part by a 6
deception unless the deception was intentional or reckless. 7
192C Obtaining property belonging to another 8
(1) For the purposes of this Part, a person obtains property if: 9
(a) the person obtains ownership, possession or control of the 10
property for himself or herself or for another person, or 11
(b) the person enables ownership, possession or control of the 12
property to be retained by himself or herself or by another 13
person, or 14
(c) the person induces a third person to do something that 15
results in the person or another person obtaining or 16
retaining ownership, possession or control of the property. 17
(2) A person does not commit an offence under this Part by obtaining 18
or intending to obtain property belonging to another unless the 19
person intends to permanently deprive the other of the property. 20
(3) For the purposes of this Part, property belongs to a person if: 21
(a) the person has possession or control of the property, or 22
(b) the person has a proprietary right or interest in the property 23
(not being an equitable interest arising only from an 24
agreement to transfer or grant an interest or from a 25
constructive trust). 26
If property is subject to a trust, the persons to whom it belongs 27
include any person having a right to enforce the trust. 28
(4) A person obtaining property belonging to another without 29
meaning the other permanently to lose the thing itself has, 30
nevertheless, the intention of permanently depriving the other of 31
it if the person's intention is to treat the thing as his or her own to 32
dispose of regardless of the other's rights. A borrowing or 33
lending of the property may amount to so treating it if, but only 34
if, the borrowing or lending is for a period and in circumstances 35
making it equivalent to an outright taking or disposal. 36
(5) Without limiting the generality of subsection (4), if: 37
(a) a person has possession or control (lawfully or not) of 38
property belonging to another, and 39
Page 4
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Principal amendments to Crimes Act 1900 No 40 Schedule 1
(b) the person parts with the property under a condition as to 1
its return that the person may not be able to perform, and 2
(c) the parting is done for the purposes of his or her own and 3
without the other's authority, 4
the parting amounts to treating the property as his or her own to 5
dispose of regardless of the other's rights. 6
192D Obtaining financial advantage or causing financial disadvantage 7
(1) In this Part, obtain a financial advantage includes: 8
(a) obtain a financial advantage for oneself or for another 9
person, and 10
(b) induce a third person to do something that results in 11
oneself or another person obtaining a financial advantage, 12
and 13
(c) keep a financial advantage that one has, 14
whether the financial advantage is permanent or temporary. 15
(2) In this Part, cause a financial disadvantage means: 16
(a) cause a financial disadvantage to another person, or 17
(b) induce a third person to do something that results in 18
another person suffering a financial disadvantage, 19
whether the financial disadvantage is permanent or temporary. 20
Division 2 Fraud and related offences 21
192E Fraud 22
(1) A person who, by any deception, dishonestly: 23
(a) obtains property belonging to another, or 24
(b) obtains any financial advantage or causes any financial 25
disadvantage, 26
is guilty of the offence of fraud. 27
Maximum penalty: Imprisonment for 10 years. 28
(2) A person's obtaining of property belonging to another may be 29
dishonest even if the person is willing to pay for the property. 30
(3) A person may be convicted of the offence of fraud involving all 31
or any part of a general deficiency in money or other property 32
even though the deficiency is made up of any number of 33
particular sums of money or items of other property that were 34
obtained over a period of time. 35
Page 5
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Schedule 1 Principal amendments to Crimes Act 1900 No 40
(4) A conviction for the offence of fraud is an alternative verdict to a 1
charge for the offence of larceny, or any offence that includes 2
larceny, and a conviction for the offence of larceny, or any 3
offence that includes larceny, is an alternative verdict to a charge 4
for the offence of fraud. 5
192F Intention to defraud by destroying or concealing accounting 6
records 7
(1) A person who dishonestly destroys or conceals any accounting 8
record with the intention of: 9
(a) obtaining property belonging to another, or 10
(b) obtaining a financial advantage or causing a financial 11
disadvantage, 12
is guilty of an offence. 13
Maximum penalty: Imprisonment for 5 years. 14
(2) In this section, destroy includes obliterate. 15
192G Intention to defraud by false or misleading statement 16
A person who dishonestly makes or publishes, or concurs in 17
making or publishing, any statement (whether or not in writing) 18
that is false or misleading in a material particular with the 19
intention of: 20
(a) obtaining property belonging to another, or 21
(b) obtaining a financial advantage or causing a financial 22
disadvantage, 23
is guilty of an offence. 24
Maximum penalty: Imprisonment for 5 years. 25
192H Intention to deceive members or creditors by false or misleading 26
statement of officer of organisation 27
(1) An officer of an organisation who, with the intention of deceiving 28
members or creditors of the organisation about its affairs, 29
dishonestly makes or publishes, or concurs in making or 30
publishing, a statement (whether or not in writing) that to his or 31
her knowledge is or may be false or misleading in a material 32
particular is guilty of an offence. 33
Maximum penalty: Imprisonment for 7 years. 34
(2) In this section: 35
creditor of an organisation includes a person who has entered 36
into a security for the benefit of the organisation. 37
Page 6
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Principal amendments to Crimes Act 1900 No 40 Schedule 1
officer of an organisation includes any member of the 1
organisation who is concerned in its management and any person 2
purporting to act as an officer of the organisation. 3
organisation means any body corporate or unincorporated 4
association. 5
Part 4AB Identity offences 6
192I Definitions 7
In this Part: 8
deal in identification information includes make, supply or use 9
any such information. 10
identification information means information relating to a 11
person (whether living or dead, real or fictitious, or an individual 12
or body corporate) that is capable of being used (whether alone 13
or in conjunction with other information) to identify or 14
purportedly identify the person, and includes the following: 15
(a) a name or address, 16
(b) a date or place of birth, marital status, relative's identity or 17
similar information, 18
(c) a driver licence or driver licence number, 19
(d) a passport or passport number, 20
(e) biometric data, 21
(f) a voice print, 22
(g) a credit or debit card, its number or data stored or 23
encrypted on it, 24
(h) a financial account number, user name or password, 25
(i) a digital signature, 26
(j) a series of numbers or letters (or both) intended for use as 27
a means of personal identification, 28
(k) an ABN. 29
192J Dealing with identification information 30
A person who deals in identification information with the 31
intention of committing, or of facilitating the commission of, an 32
indictable offence is guilty of an offence. 33
Maximum penalty: Imprisonment for 10 years. 34
Page 7
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Schedule 1 Principal amendments to Crimes Act 1900 No 40
192K Possession of identification information 1
A person who possesses identification information with the 2
intention of committing, or of facilitating the commission of, an 3
indictable offence is guilty of an offence. 4
Maximum penalty: Imprisonment for 7 years. 5
192L Possession of equipment etc to make identification documents or 6
things 7
A person who: 8
(a) possesses any equipment, material or other thing that is 9
capable of being used to make a document or other thing 10
containing identification information, and 11
(b) intends that the document or other thing made will be used 12
to commit, or to facilitate the commission of, an indictable 13
offence, 14
is guilty of an offence. 15
Maximum penalty: Imprisonment for 3 years. 16
192M Miscellaneous provisions 17
(1) This Part does not apply to dealing in a person's own 18
identification information. 19
(2) It is not an offence to attempt to commit an offence against 20
this Part. 21
(3) This Part applies to a person who intends to commit an indictable 22
offence even if committing the offence concerned is impossible 23
or the offence concerned is to be committed at a later time. 24
(4) Section 309A of the Criminal Procedure Act 1986 enables a 25
victim of an offence against this Part to obtain a certificate from 26
a court that such an offence has been committed to assist with 27
problems the offence has caused in relation to the victim's 28
personal or business affairs. 29
Page 8
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Principal amendments to Crimes Act 1900 No 40 Schedule 1
[4] Part 5 1
Omit the Part (except Division 3 which becomes Part 5A by the operation of 2
Schedule 2 [22]). 3
Insert instead: 4
Part 5 Forgery 5
Division 1 Preliminary 6
250 False document--meaning 7
(1) For the purposes of this Part, a document is false if, and only if, 8
the document (or any part of the document) purports: 9
(a) to have been made in the form in which it is made by a 10
person who did not in fact make it in that form, or 11
(b) to have been made in the form in which it is made on the 12
authority of a person who did not in fact authorise its 13
making in that form, or 14
(c) to have been made in the terms in which it is made by a 15
person who did not in fact make it in those terms, or 16
(d) to have been made in the terms in which it is made on the 17
authority of a person who did not in fact authorise its 18
making in those terms, or 19
(e) to have been altered in any respect by a person who did not 20
in fact alter it in that respect, or 21
(f) to have been altered in any respect on the authority of a 22
person who did not in fact authorise its alteration in that 23
respect, or 24
(g) to have been made or altered on a date on which, or at a 25
place at which, or otherwise in circumstances in which, it 26
was not in fact made or altered, or 27
(h) to have been made or altered by, or on the authority of, a 28
person who did not in fact exist. 29
(2) For the purposes of this Part, a person is to be treated as making 30
a false document if the person alters a document so as to make it 31
false within the meaning of this section (whether or not it is false 32
in some other respect apart from that alteration). 33
(3) For the purpose of the application of this section, a document that 34
purports to be a true copy of another document is to be treated as 35
if it were the original document. 36
Page 9
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Schedule 1 Principal amendments to Crimes Act 1900 No 40
251 Inducing acceptance of false document 1
(1) In this Part, a reference to inducing a person to accept a false 2
document as genuine includes a reference to causing a machine 3
to respond to the document as if it were a genuine document. 4
(2) If it is necessary for the purposes of this Part to prove an intent to 5
induce some person to accept a false document as genuine, it is 6
not necessary to prove that the accused intended so to induce a 7
particular person. 8
252 Interpretative provisions relating to obtaining property, financial 9
advantage and financial disadvantage 10
The following provisions of Part 4AA (Fraud) also apply to 11
this Part: 12
(a) section 192C (Obtaining property belonging to another), 13
(b) section 192D (Obtaining financial advantage or causing 14
financial disadvantage). 15
Division 2 Forgery 16
253 Forgery--making false document 17
A person who makes a false document with the intention that the 18
person or another will use it: 19
(a) to induce some person to accept it as genuine, and 20
(b) because of its being accepted as genuine: 21
(i) to obtain any property belonging to another, or 22
(ii) to obtain any financial advantage or cause any 23
financial disadvantage, or 24
(iii) to influence the exercise of a public duty, 25
is guilty of the offence of forgery. 26
Maximum penalty: Imprisonment for 10 years. 27
Division 3 Offences related to forgery 28
254 Using false document 29
A person who uses a false document, knowing that it is false, with 30
the intention of: 31
(a) inducing some person to accept it as genuine, and 32
(b) because of its being accepted as genuine: 33
(i) obtaining any property belonging to another, or 34
Page 10
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Principal amendments to Crimes Act 1900 No 40 Schedule 1
(ii) obtaining any financial advantage or causing any 1
financial disadvantage, or 2
(iii) influencing the exercise of a public duty, 3
is guilty of an offence. 4
Maximum penalty: Imprisonment for 10 years. 5
255 Possession of false document 6
A person who has in his or her possession a false document, 7
knowing that it is false, with the intention that the person or 8
another will use it: 9
(a) to induce some person to accept it as genuine, and 10
(b) because of its being accepted as genuine: 11
(i) to obtain any property belonging to another, or 12
(ii) to obtain any financial advantage or cause any 13
financial disadvantage, or 14
(iii) to influence the exercise of a public duty, 15
is guilty of an offence. 16
Maximum penalty: Imprisonment for 10 years. 17
256 Making or possession of equipment etc for making false 18
documents 19
(1) A person who makes, or has in his or her possession, any 20
equipment, material or other thing designed or adapted for the 21
making of a false document: 22
(a) knowing that it is so designed or adapted, and 23
(b) with the intention that the person or another person will use 24
the equipment, material or other thing to commit the 25
offence of forgery, 26
is guilty of an offence. 27
Maximum penalty: Imprisonment for 10 years. 28
(2) A person who, without reasonable excuse, makes or has in his or 29
her possession any equipment, material or other thing designed or 30
adapted for the making of a false document, knowing that it is so 31
designed or adapted, is guilty of an offence. 32
Maximum penalty: Imprisonment for 3 years. 33
(3) A person who possesses any equipment, material or other thing 34
that is capable of being used to make a false document, with the 35
intention that the person or another person will use the 36
Page 11
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Schedule 1 Principal amendments to Crimes Act 1900 No 40
equipment, material or other thing to commit the offence of 1
forgery, is guilty of an offence. 2
Maximum penalty: Imprisonment for 3 years. 3
(4) This section applies in respect of any equipment, material or 4
other thing that is designed or adapted for the purpose of making 5
a false document whether or not it is also designed or adapted for 6
another purpose. 7
(5) This section applies to a person who intends to commit an offence 8
even if committing the offence concerned is impossible or the 9
offence concerned is to be committed at a later time. 10
(6) It is not an offence to attempt to commit an offence against this 11
section. 12
Page 12
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Consequential and other amendments to Crimes Act 1900 No 40 Schedule 2
Schedule 2 Consequential and other amendments to 1
Crimes Act 1900 No 40 2
[1] Section 61J (3) 3
Omit "Subdivision 4 of Division 1". Insert instead "Division 4". 4
[2] Part 4, heading 5
Omit the heading. Insert instead: 6
Part 4 Stealing and similar offences 7
[3] Part 4, Division 1, heading 8
Omit the heading. 9
[4] Part 4, Division 1, Subdivisions 16 and 16, headings 10
Omit "Subdivision" wherever occurring. 11
Insert instead "Division". 12
[5] Sections 154E, 188 (2), 203A and 203D 13
Omit "Subdivision" wherever occurring. 14
Insert instead "Division". 15
[6] Section 158 Destruction, falsification of accounts etc by clerk or servant 16
Omit the section. 17
[7] Sections 164178 18
Omit the sections (and the Subdivision in which they are contained). 19
[8] Section 178A 20
Omit the section (and the Subdivision in which it is contained). 21
[9] Section 178B 22
Omit the section (and the Subdivision in which it is contained). 23
[10] Section 178BA 24
Omit the section (and the Subdivision in which it is contained). 25
[11] Section 178BB 26
Omit the section (and the Subdivision in which it is contained). 27
Page 13
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Schedule 2 Consequential and other amendments to Crimes Act 1900 No 40
[12] Section 178C 1
Omit the section (and the Subdivision in which it is contained). 2
[13] Sections 179185 3
Omit the sections (and the Subdivision in which they are contained). 4
[14] Section 185A 5
Omit the section (and the Subdivision in which it is contained). 6
[15] Section 186 7
Omit the section (and the Subdivision in which it is contained). 8
[16] Section 193 9
Renumber the section as section 192A. 10
[17] Part 4, Division 1A, heading 11
Omit the heading. Insert instead: 12
Part 4AC Money laundering 13
[18] Sections 193A, 193F, 193G and 194 14
Omit "Division" wherever occurring. 15
Insert instead "Part". 16
[19] Part 4, Division 2, heading 17
Omit the heading. Insert instead: 18
Part 4AD Criminal destruction and damage 19
[20] Part 4AD (as renumbered by this Schedule), Subdivision headings 20
Omit "Subdivision" wherever occurring. 21
Insert instead "Division". 22
[21] Part 4AA Offences relating to transport services 23
Omit the heading to the Part. Insert instead: 24
Part 4AE Offences relating to transport services 25
Page 14
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Consequential and other amendments to Crimes Act 1900 No 40 Schedule 2
[22] Part 5, Division 3 False and misleading information 1
Omit the heading. Insert instead: 2
Part 5A False and misleading information 3
[23] Section 318 4
Omit section 318 (4). Insert instead: 5
(4) Section 250 applies to the interpretation of this section. 6
[24] Section 527 Fraudulently appropriating or retaining property 7
Omit the section. 8
[25] Section 527A Obtaining money etc by wilfully false representation 9
Omit the section. 10
[26] Section 527B Framing a false invoice 11
Omit the section. 12
[27] Section 527C (3) 13
Omit "Subdivision 5A of Division 1". Insert instead "Division 5A". 14
[28] Section 528 Advertising reward for return of stolen property 15
Omit the section. 16
[29] Section 545A Bogus advertisements 17
Omit the section. 18
[30] Section 547A False statement respecting births, deaths or marriages 19
Omit the section. 20
Page 15
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209
Schedule 3 Amendment of Criminal Procedure Act 1
1986 No 209 2
[1] Section 273 Jurisdiction of Magistrates in offences arising under 3
Part 4AD of Crimes Act 1900 4
Omit "Division 2 of Part 4". Insert instead "Part 4AD". 5
[2] Section 309A 6
Insert after section 309: 7
309A Certificate may be issued to victim of identity crime 8
(1) The Local Court may issue a certificate under this section if 9
satisfied, on the balance of probabilities, that: 10
(a) an identity offence has been committed, and 11
(b) the certificate may assist with problems the offence has 12
caused in relation to the victim's personal or business 13
affairs. 14
(2) For the purposes of this section, the victim of an identity offence 15
is any person whose identification information is the subject of 16
the offence. 17
(3) A certificate under this section is to: 18
(a) identify the victim of the offence, and 19
(b) describe the manner in which identification information 20
relating to the victim was used to commit the offence. 21
(4) The certificate may contain such other information as the Local 22
Court considers appropriate. 23
(5) The certificate is not to identify the perpetrator or any alleged 24
perpetrator of the offence. 25
(6) The Local Court may issue a certificate under this section 26
whether or not: 27
(a) the perpetrator of the offence is identifiable, or 28
(b) any criminal proceedings have been or can be taken 29
against a person in respect of the offence, or are pending. 30
(7) The Local Court may issue a certificate under this section on the 31
court's own initiative or on application by the victim of the 32
offence. 33
(8) The certificate is not admissible in any criminal proceedings in 34
relation to the offence. 35
Page 16
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Amendment of Criminal Procedure Act 1986 No 209 Schedule 3
(9) The powers conferred by this section on the Local Court may also 1
be exercised by the Supreme Court or the District Court during 2
any proceedings before that Court for the alleged identity offence 3
concerned or on the disposal of any such proceedings. 4
(10) In this section: 5
identification information has the same meaning as it has in 6
Part 4AB of the Crimes Act 1900. 7
identity offence means an offence against Part 4AB of the Crimes 8
Act 1900. 9
[3] Schedule 1 Indictable offences triable summarily 10
Insert after item 4 of Part 2 of Table 1: 11
4A Fraud and related offences 12
An offence under Part 4AA of the Crimes Act 1900. 13
[4] Schedule 1 14
Insert after item 10C of Part 3 of Table 1: 15
10D Identity offences 16
An offence under Part 4AB of the Crimes Act 1900 (other than 17
under section 192L). 18
[5] Schedule 1 19
Insert after item 12A of Part 3 of Table 1: 20
12B Forgery and related offences 21
An offence under Part 5 of the Crimes Act 1900 (other than under 22
section 256 (2) or (3)). 23
[6] Schedule 1 24
Insert after item 4 of Part 2 of Table 2: 25
4A Identity offences 26
An offence under section 192L of the Crimes Act 1900. 27
4AA Offences related to forgery 28
An offence under section 256 (2) or (3) of the Crimes Act 1900. 29
Page 17
Crimes Amendment (Fraud, Identity and Forgery Offences) Bill 2009
Schedule 4 Consequential amendment of other Acts
Schedule 4 Consequential amendment of other Acts 1
4.1 Confiscation of Proceeds of Crime Act 1989 No 90 2
Sections 69 (3) and 72 3
Omit "Division 1A of Part 4". Insert instead "Part 4AC". 4
4.2 Crimes (Forensic Procedures) Act 2000 No 59 5
[1] Section 76A Excluded volunteers 6
Omit "Subdivision 2 of Division 1" from paragraphs (a) and (b) of the 7
definition of excluded volunteer wherever occurring. 8
Insert instead "Division 2". 9
[2] Sections 76A (paragraphs (c) and (d) of definition of "excluded 10
volunteer") and 87A 11
Omit "Part 4" wherever occurring. 12
Insert instead "Parts 4, 4AA, 4AC or 4AD". 13
4.3 Motor Dealers Act 1974 No 52 14
Sections 12 (2) (i) and (4) (k) and 20D (1) (d1) 15
Omit "Subdivision 5A of Division 1" wherever occurring. 16
Insert instead "Division 5A". 17
4.4 Motor Vehicle Repairs Act 1980 No 71 18
Sections 18 (1) (j) and (3) (k) and 42 (1) (f) 19
Omit "Subdivision 5A of Division 1" wherever occurring. 20
Insert instead "Division 5A". 21
Page 18
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