CRIMINAL CODE AMENDMENT (IDENTITY CRIME) BILL 2014
This is a Bill, not an Act. For current law, see the Acts databases.
CRIMINAL CODE AMENDMENT (IDENTITY CRIME) BILL 2014
Serial 68
Criminal
Code Amendment (Identity Crime) Bill 2014
Mr
Elferink
A Bill for an Act to amend the Criminal Code and to make related amendments to other legislation
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL CODE AMENDMENT (IDENTITY CRIME) ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
Division 2A Identity crime
228A Definitions
228B Attempt offences in section 43BF do not apply
228C Dealing in identification information
228D Possessing identification information
228E Possessing equipment used to deal in identification information or identification documentation
228F Alternative
verdicts
28C Court
may issue certificate to victim of identity crime
Division 1AA Certificates for victims of identity crime
97AA Definitions
97AB Court may issue certificate to victim
97AC Content of certificate
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to amend the Criminal Code and to make related amendments to other legislation
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Criminal Code Amendment (Identity Crime) Act 2014.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Criminal Code
3 Criminal
Code amended
This Part amends the Criminal Code.
Section 1
insert (in alphabetical order)
deal in, for Part VII, Division 2A, see section 228A.
identification documentation, for Part VII, Division 2A, see section 228A.
identification information, for Part VII, Division 2A, see section 228A.
victim, for Part VII, Division 2A, see section 228A.
5 Part VII, Division 2A inserted
After section 228
insert
Note for Division 2A
Under section 28C of the Local Court Act and Part 5, Division 1AA of the Sentencing Act a certificate may be issued to a victim of an offence against section 228C, 228D or 228E. The certificate may assist the victim to deal with any problems caused by the commission of the offence in relation to the victim's personal or business affairs. Under the Local Court Act, the certificate may be issued whether or not any criminal proceedings have been or can be taken against a person in relation to the offence or are pending.
In this Division:
deal in includes make, copy, store, supply, transmit or use.
identification documentation means a document or other thing that:
(a) contains identification information; and
(b) can be used by a person to pretend to be, or to pass the person off as, another person (whether living, dead, real or fictitious).
identification information means information that can be used (whether alone or in conjunction with other information) to identify, or purportedly identify, a person (whether living, dead, real or fictitious), including the following:
(a) a name, address, date of birth or place of birth;
(b) information as to a person's marital status;
(c) information about the relatives of a person;
(d) a driver's licence or driver's licence number;
(e) a passport or passport number;
(f) biometric data;
(g) a voice print;
(h) a credit or debit card, its number, or data stored or encrypted on it;
(i) a financial account number, user name or password;
(j) a digital signature;
(k) a series of numbers, letters, symbols (or a combination of these) intended for use as a means of personal identification;
(l) an ABN, as defined in the A New Tax System (Australian Business Number) Act 1999 (Cth).
victim means a person whose identification information is the subject of an offence against section 228C, 228D or 228E.
228B Attempt offences in section 43BF do not apply
Section 43BF does not apply to an offence against section 228C, 228D or 228E.
228C Dealing in identification information
(1) A person commits an offence if:
(a) the person deals in information; and
(b) the information is identification information; and
(c) the person does so with intent to commit a crime or facilitate the commission of a crime.
Maximum penalty: Imprisonment for 7 years.
(2) This section applies:
(a) even if the crime mentioned in subsection (1)(c) is impossible to commit; and
(b) whether or not the victim consented to the dealing in the identification information.
(3) This section does not apply to dealing in a person's own identification information.
228D Possessing identification information
(1) A person commits an offence if:
(a) the person possesses information; and
(b) the information is identification information; and
(c) the person does so with intent to commit a crime or facilitate the commission of a crime.
Maximum penalty: Imprisonment for 3 years.
(2) This section applies:
(a) even if the crime mentioned in subsection (1)(c) is impossible to commit; and
(b) whether or not the victim consented to the possession of the identification information.
(3) This section does not apply to the possession of a person's own identification information.
228E Possessing equipment used to deal in identification information or identification documentation
(1) A person commits an offence if:
(a) the person possesses equipment; and
(b) the equipment can be used to deal in identification information or identification documentation; and
(c) the person does so with intent to commit a crime or facilitate the commission of a crime.
(2) This section applies even if the crime mentioned in subsection (1)(c) is impossible to commit.
Maximum penalty: Imprisonment for 3 years.
(1) This section applies if, in a proceeding against a person charged with an offence against section 228C (the prosecuted offence), the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed the prosecuted offence; but
(b) is satisfied beyond reasonable doubt that the person committed an offence against section 228D (the alternative offence).
(2) The trier of fact may find the person not guilty of the prosecuted offence but guilty of the alternative offence.
Schedule 1
insert (in numerical order)
Part VII (Property offences and related matters), Division 2A (Identity crime)
Part
3 Amendment of Local Court Act
7 Act
amended
This Part amends the Local Court Act.
After section 28B
insert
28C Court may issue certificate to victim of identity crime
(1) The Court may, on application by a person (the victim), issue a certificate if satisfied on the balance of probabilities that:
(a) an offence against section 228C, 228D or 228E of the Criminal Code has been committed; and
(b) the victim's identification information was the subject of the offence; and
(c) the certificate may assist the victim to deal with any problems the commission of the offence has caused in relation to the victim's personal or business affairs.
(2) The Court may issue a certificate whether or not:
(a) the person who committed the offence is identifiable; and
(b) any criminal proceedings have been or can be taken against a person in relation to the offence or are pending.
(3) A certificate must:
(a) identify the victim of the offence; and
(b) explain how identification information relating to the victim was used to commit the offence; and
(c) contain any other information the Court considers appropriate in order to assist the victim to deal with any problems the commission of the offence has caused in relation to the victim's personal or business affairs.
(4) Despite subsection (3), a certificate must not identify the person who committed, or allegedly committed, the offence to which it relates.
(5) A certificate is not admissible as evidence in any criminal proceedings in relation to the offence to which it relates.
(6) In this section:
identification information, see section 228A of the Criminal Code.
Part
4 Amendment of Sentencing
Act
9 Act
amended
This Part amends the Sentencing Act.
Section 3(1)
insert (in alphabetical order)
identification information, for Part 5, Division 1AA, see section 228A of the Criminal Code.
victim, for Part 5, Division 1AA, see section 228A of the Criminal Code.
11 Part 5, Division 1AA inserted
After section 97
insert
Division 1AA Certificates for victims of identity crime
In this Division:
identification information, see section 228A of the Criminal Code.
victim, see section 228A of the Criminal Code.
97AB Court may issue certificate to victim
(1) The court may issue a certificate to the victim if:
(a) the court is sentencing a person for an offence against section 228C, 228D or 228E of the Criminal Code; and
(b) the victim of the offence has not already obtained a certificate under section 28C of the Local Court Act; and
(c) the court is satisfied on the balance of probabilities that a certificate under this Division may assist a victim to deal with any problems the commission of the offence has caused in relation to the victim's personal or business affairs.
(2) The court may issue a certificate on its own initiative or on application by the prosecution.
(1) The certificate must:
(a) identify the victim of the offence; and
(b) explain how identification information relating to the victim was used to commit the offence; and
(c) contain any other information the court considers appropriate in order to assist the victim to deal with any problems the commission of the offence has caused in relation to the victim's personal or business affairs.
(2) Despite subsection (1), a certificate must not identify the person who committed the offence to which it relates.
Part
5 Amendment of Private Security (Crowd Controllers)
Regulations
12 Regulations
amended
This Part amends the Private Security (Crowd Controllers) Regulations.
Regulation 3(a), after "228,"
insert
228C, 228D, 228E,
Part
6 Amendment of Private Security (Miscellaneous Matters)
Regulations
14 Regulations
amended
This Part amends the Private Security (Miscellaneous Matters) Regulations.
Schedule 1, Note (b), table of disqualifying offences against the Criminal Code
omit, insert
|
Section 69 – going armed in
public
|
Section 132 – indecent dealing with
child
|
|
Section 156 – murder
|
Section 160 – manslaughter
|
|
Section 165 – attempt to
murder
|
Section 166 – threats to
kill
|
|
Section 177 – acts intending to cause
serious harm or prevent apprehension
|
Section 181 – serious harm
|
|
Section 182 – attempting to injure by
explosive substances
|
Section 186 – bodily harm
|
|
Section 188(2) – common assault with
specified circumstances of aggravation
|
Section 189A – assaults on
police
|
|
Section 189 – unlawful
stalking
|
Section 192 – sexual intercourse and gross
indecency without consent
|
|
Section 192B – coerced sexual
self-manipulation
|
Section 193 – assaults with intent to
commit an offence
|
|
Section 194 – kidnapping for
ransom
|
Section 195 – kidnapping
|
|
Section 196 – deprivation of
liberty
|
Section 210 – stealing (where a custodial
sentence is imposed that is wholly or partially served)
|
|
Section 211 – robbery
|
Section 212 – assault with intent to
steal
|
|
Section 227 – criminal
deception
|
Section 228 – blackmail and
extortion
|
|
Section 228C – dealing in identification
information
|
Section 228D – possessing identification
information
|
|
Section 228E – possessing equipment used to
deal in identification information or identification
documentation
|
Section 229 – receiving stolen
property
|
|
Section 231 – taking reward for recovery of
property obtained by means of a crime
|
Section 233 – false
accounting
|
|
Section 239 – arson
|
|
Part
7 Amendment of Private Security (Security Firms)
Regulations
16 Regulations
amended
This Part amends the Private Security (Security Firms) Regulations.
Regulation 2(a), after "228,"
insert
228C, 228D, 228E,
Schedule, Part B, item 8, Note (c), table of disqualifying offences against the Criminal Code
omit, insert
|
Section 69 – going armed in
public
|
Section 132 – indecent dealing with
child
|
|
Section 156 – murder
|
Section 160 – manslaughter
|
|
Section 165 – attempt to
murder
|
Section 166 – threats to
kill
|
|
Section 177 – acts intending to cause
serious harm or prevent apprehension
|
Section 181 – serious harm
|
|
Section 182 – attempting to injure by
explosive substances
|
Section 186 – bodily harm
|
|
Section 188(2) – common assault with
specified circumstances of aggravation
|
Section 189A – assaults on
police
|
|
Section 189 – unlawful
stalking
|
Section 192 – sexual intercourse and gross
indecency without consent
|
|
Section 192B – coerced sexual
self-manipulation
|
Section 193 – assaults with intent to
commit an offence
|
|
Section 194 – kidnapping for
ransom
|
Section 195 – kidnapping
|
|
Section 196 – deprivation of
liberty
|
Section 210 – stealing (where a custodial
sentence is imposed that is wholly or partially served)
|
|
Section 211 – robbery
|
Section 212 – assault with intent to
steal
|
|
Section 227 – criminal
deception
|
Section 228 – blackmail and
extortion
|
|
Section 228C – dealing in identification
information
|
Section 228D – possessing identification
information
|
|
Section 228E – possessing equipment used to
deal in identification information or identification
documentation
|
Section 229 – receiving stolen
property
|
|
Section 231 – taking reward for recovery of
property obtained by means of a crime
|
Section 233 – false
accounting
|
|
Section 239 – arson
|
|
Part
8 Amendment of Private Security (Security Officers)
Regulations
19 Regulations
amended
This Part amends the Private Security (Security Officers) Regulations.
Regulation 2(a), after "228,"
insert
228C, 228D, 228E,
Part 9 Expiry
of
Act
21 Expiry
of Act
This Act expires on the day after it commences.