New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 309A

309A Certificate may be issued to victim of identity crime

(1) The Local Court may issue a certificate under this section if satisfied, on the balance of probabilities, that:

(a) an identity offence has been committed, and

(b) the certificate may assist with problems the offence has caused in relation to the victim’s personal or business affairs.

(2) For the purposes of this section, the "victim" of an identity offence is any person whose identification information is the subject of the offence.

(3) A certificate under this section is to:

(a) identify the victim of the offence, and

(b) describe the manner in which identification information relating to the victim was used to commit the offence.

(4) The certificate may contain such other information as the Local Court considers appropriate.

(5) The certificate is not to identify the perpetrator or any alleged perpetrator of the offence.

(6) The Local Court may issue a certificate under this section whether or not:

(a) the perpetrator of the offence is identifiable, or

(b) any criminal proceedings have been or can be taken against a person in respect of the offence, or are pending.

(7) The Local Court may issue a certificate under this section on the court’s own initiative or on application by the victim of the offence.

(8) The certificate is not admissible in any criminal proceedings in relation to the offence.

(9) The powers conferred by this section on the Local Court may also be exercised by the Supreme Court or the District Court during any proceedings before that Court for the alleged identity offence concerned or on the disposal of any such proceedings.

(10) In this section:
"identification information" has the same meaning as it has in Part 4AB of the Crimes Act 1900 .
"identity offence" means an offence against Part 4AB of the Crimes Act 1900 .