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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes Amendment (Identity Crime) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE CRIMES ACT 1958 3
3 New Division 2AA of Part I inserted 3
Division 2AA--Identity crime 3
192A Definitions 3
192B Making, using or supplying identification information 4
192C Possession of identification information 5
192D Possession of equipment used to make etc.
identification documentation 6
192E Not an offence to attempt to commit an identity crime
offence 6
4 New section 426 inserted 7
426 Alternative verdict for identity crime offences 7
PART 3--AMENDMENT OF THE SENTENCING ACT 1991 8
5 Sentence discount for guilty plea 8
6 New Part 4A inserted 8
PART 4A--IDENTITY CRIME CERTIFICATES 8
89E Definitions 8
89F Court may issue certificate to victim of identity crime 9
89G Contents of certificate 9
89H Process for dealing with application 9
7 New section 137 inserted 10
137 Transitional provision--Crimes Amendment
(Identity Crime) Act 2009 10
561285B.I-10/3/2009 i BILL LA INTRODUCTION 10/3/2009
Clause Page
PART 4--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005 11
8 Sentence discount for guilty plea 11
9 New section 608 inserted 11
608 Transitional provision--Crimes Amendment
(Identity Crime) Act 2009 11
PART 5--REPEAL OF AMENDING ACT 12
10 Repeal of amending Act 12
ENDNOTES 13
561285B.I-10/3/2009 ii BILL LA INTRODUCTION 10/3/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Crimes Amendment (Identity Crime)
Bill 2009
A Bill for an Act to amend the Crimes Act 1958 to create offences in
respect of identity crimes, the Sentencing Act 1991 to provide for the
issue of certificates to victims of identity crimes and as to sentencing
procedure, to amend the Children, Youth and Families Act 2005 as
to sentencing procedure and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Crimes Act 1958 to create
5 offences in relation to identity crime; and
(b) to amend the Sentencing Act 1991 to
provide for the issue of certificates to victims
of identity crime, certifying that they have
been the victims of identity crime; and
561285B.I-10/3/2009 1 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 1--Preliminary
s. 2
(c) to amend the Children, Youth and Families
Act 2005 and the Sentencing Act 1991 to
make technical amendments as to sentencing
procedure.
5 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 October 2009, it comes into
10 operation on that day.
__________________
561285B.I-10/3/2009 2 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 2--Amendment of the Crimes Act 1958
s. 3
PART 2--AMENDMENT OF THE CRIMES ACT 1958
3 New Division 2AA of Part I inserted
After Division 2 of Part I of the Crimes Act 1958 See:
Act No.
insert-- 6231.
Reprint No. 20
as at
5 "Division 2AA--Identity crime 1 July 2008
and
amending
192A Definitions Act Nos
16/2004,
In this Division-- 9/2008,
24/2008,
identification documentation means a 34/2008,
document or other thing that-- 46/2008,
52/2008,
58/2008,
10 (a) contains or incorporates 68/2008,
identification information; and 78/2008,
1/2009 and
(b) is capable of being used by a 4/2009.
LawToday:
person for the purpose of www.
pretending to be, or passing legislation.
vic.gov.au.
15 themself off as, another person
(whether living or dead, or real or
fictitious);
identification information means
information relating to a person
20 (whether living or dead, or real or
fictitious) that is capable of being used
(whether alone or in conjunction with
other information) to identify, or
purportedly identify, the person, being
25 information such as--
(a) a name, address, date of birth or
place of birth;
(b) information as to the person's
marital status;
561285B.I-10/3/2009 3 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 2--Amendment of the Crimes Act 1958
s. 3
(c) information that identifies another
person as a relative of the person;
(d) a driver licence or driver licence
number;
5 (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;
10 (i) a financial account number, user
name or password;
(j) a digital signature;
(k) a series of numbers or letters
(or both) intended for use as a
15 means of personal identification;
(l) an Australian Business Number
within the meaning of the A New
Tax System (Australian Business
Number) Act 1999 of the
20 Commonwealth.
192B Making, using or supplying identification
information
(1) A person, who makes, uses or supplies
identification information (that is not
25 identification information that relates to that
person), and--
(a) who is aware that, or aware that there is
a substantial risk that, the information
is identification information; and
561285B.I-10/3/2009 4 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 2--Amendment of the Crimes Act 1958
s. 3
(b) who intends to use or supply the
information to commit an indictable
offence, or to facilitate the commission
of an indictable offence--
5 is guilty of an offence and liable to level 6
imprisonment (5 years maximum).
Note
See section 426 for an alternative verdict for this
offence.
10 (2) A person may be found guilty of an offence
against this section even if the commission
of the indictable offence is impossible.
(3) It is not a defence to a charge for an offence
against this section that the person to whom
15 the identification information relates
consented to the making, use or supply of the
identification information.
192C Possession of identification information
(1) A person, who possesses identification
20 information (that is not identification
information that relates to the person), and--
(a) who is aware that, or aware that there is
a substantial risk that, the information
is identification information; and
25 (b) who intends to use the information to
commit an indictable offence, or to
facilitate the commission of an
indictable offence--
is guilty of an offence and liable to
30 imprisonment for a term not exceeding
3 years.
(2) A person may be found guilty of an offence
against this section even if the commission
of the indictable offence is impossible.
561285B.I-10/3/2009 5 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 2--Amendment of the Crimes Act 1958
s. 3
(3) It is not a defence to a charge for an offence
against this section that the person to whom
the identification information relates
consented to the possession of the
5 identification information.
192D Possession of equipment used to make etc.
identification documentation
(1) A person, who possesses equipment that is
capable of being used to make, use, supply
10 or retain identification documentation, and--
(a) who intends to use, or who intends that
another person will use, the equipment
to make, use, supply or retain
identification documentation; and
15 (b) who intends to use any such
identification documentation to commit
an indictable offence or to facilitate the
commission of an indictable offence--
is guilty of an offence and liable to
20 imprisonment for a term not exceeding
3 years.
(2) A person may be found guilty of an offence
against this section even if the commission
of the indictable offence is impossible.
25 192E Not an offence to attempt to commit an
identity crime offence
It is not an offence to attempt to commit an
offence against section 192B, 192C
or 192D.".
561285B.I-10/3/2009 6 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 2--Amendment of the Crimes Act 1958
s. 4
4 New section 426 inserted
After section 425 of the Crimes Act 1958
insert--
"426 Alternative verdict for identity crime
5 offences
If, on the trial of a person charged with an
offence against section 192B, the jury are not
satisfied that the person charged is guilty of
the offence charged but are satisfied that the
10 person charged is guilty of an offence against
section 192C, the jury may acquit the person
charged of the offence charged and find the
person charged guilty of an offence against
section 192C and the person charged is liable
15 to punishment accordingly.".
__________________
561285B.I-10/3/2009 7 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 3--Amendment of the Sentencing Act 1991
s. 5
PART 3--AMENDMENT OF THE SENTENCING ACT 1991
5 Sentence discount for guilty plea
See: In section 6AAA(4) of the Sentencing Act 1991,
Act No.
49/1991. for "cause to be noted in the records of the court,"
5 Reprint No. 11 substitute "record or cause to be recorded
as at
15 January (whether in writing or in another form)".
2009
and
amending
Act No.
46/2008.
LawToday:
www.
legislation.
vic.gov.au
6 New Part 4A inserted
After Part 4 of the Sentencing Act 1991 insert--
"PART 4A--IDENTITY CRIME CERTIFICATES
10 89E Definitions
In this Part--
identification information has the same
meaning as in section 192A of the
Crimes Act 1958;
15 identity crime offence means an offence a
necessary element of which consists of
the use of identification information
(that is not identification information
that relates to the offender);
20 victim, in relation to an identity crime
offence, means a person whose
identification information has been
used, without that person's consent, in
connection with the commission of the
25 offence.
561285B.I-10/3/2009 8 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 3--Amendment of the Sentencing Act 1991
s. 6
89F Court may issue certificate to victim of
identity crime
(1) If a court finds a person guilty of an identity
crime offence the court may issue a
5 certificate to a person who is a victim of the
offence setting out that the person is a victim
of the offence.
(2) The court may issue a certificate under
subsection (1) on its own motion or on
10 application--
(a) by the victim; or
(b) on the victim's behalf, by any person
other than the offender, if the victim is
a child or is incapable of making the
15 application by reason of injury, disease,
senility, illness or physical or mental
impairment; or
(c) by the person who prosecuted the
identity crime offence, or another
20 person on that person's behalf.
89G Contents of certificate
A certificate issued under section 89F--
(a) must set out--
(i) the identity crime offence to
25 which the certificate relates; and
(ii) the name of the victim; and
(b) may set out any other matter the court
considers relevant.
89H Process for dealing with application
30 (1) In any proceeding dealing with an
application for a certificate under this Part,
the court--
561285B.I-10/3/2009 9 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 3--Amendment of the Sentencing Act 1991
s. 7
(a) is not required to have regard to the
rules of evidence; and
(b) may inform itself in any way that it
thinks fit.
5 (2) In any proceeding dealing with an
application for a certificate under this Part,
the court may direct that notice be given to
the person who prosecuted the identity crime
offence to appear at the hearing of the
10 application to provide assistance to the court
in relation to the application.
(3) A person to whom notice is given under
subsection (2) may appoint another person to
appear on that person's behalf at the hearing.
15 __________________".
7 New section 137 inserted
After section 136 of the Sentencing Act 1991
insert--
"137 Transitional provision--Crimes
20 Amendment (Identity Crime) Act 2009
(1) Section 6AAA, as amended by section 5 of
the Crimes Amendment (Identity Crime)
Act 2009, applies to a sentence imposed on
or after the commencement of section 5 of
25 that Act irrespective of when the sentencing
hearing commenced.
(2) An application may be made under
section 89F in relation to an identity crime
offence (within the meaning of section 89E)
30 committed before the commencement of
section 6 of the Crimes Amendment
(Identity Crime) Act 2009.".
__________________
561285B.I-10/3/2009 10 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 4--Amendment of the Children, Youth and Families Act 2005
s. 8
PART 4--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
8 Sentence discount for guilty plea
In section 362A(3) of the Children, Youth and See:
Act No.
5 Families Act 2005, for "cause to be noted in the 96/2005.
records of the Court," substitute "record or cause Reprint No. 1
as at
to be recorded (whether in writing or in another 23 April 2007
form)". and
amending
Act Nos
97/2005,
23/2006,
24/2006,
51/2006,
81/2006,
24/2007,
28/2007,
56/2007,
7/2008, 8/2008,
9/2008,
12/2008,
52/2008,
68/2008,
77/2008 and
4/2009.
LawToday:
www.
legislation.
vic.gov.au
9 New section 608 inserted
10 After section 607 of the Children, Youth and
Families Act 2005 insert--
"608 Transitional provision--Crimes
Amendment (Identity Crime) Act 2009
Section 362A, as amended by section 8 of
15 the Crimes Amendment (Identity Crime)
Act 2009, applies to a sentence imposed on
or after the commencement of section 8 of
that Act irrespective of when the sentencing
hearing commenced.".
__________________
561285B.I-10/3/2009 11 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Part 5--Repeal of Amending Act
s. 10
PART 5--REPEAL OF AMENDING ACT
10 Repeal of amending Act
This Act is repealed on 1 July 2010.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561285B.I-10/3/2009 12 BILL LA INTRODUCTION 10/3/2009
Crimes Amendment (Identity Crime) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561285B.I-10/3/2009 13 BILL LA INTRODUCTION 10/3/2009
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