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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL CODE AMENDMENT (IDENTITY CRIME) BILL 2009

                      Western Australia


Criminal Code Amendment (Identity Crime)
               Bill 2009

                         CONTENTS


  1.   Short title                                                2
  2.   Commencement                                               2
  3.   The Criminal Code amended                                  2
  4.   Part VI Division III heading replaced                      2
       Division III -- Forgery and like offences: Identity
              crime: Personation
  5.   Chapter LI inserted                                        2
       Chapter LI -- Identity crime
       489.     Terms used                                   2
       490.     Making, using or supplying identification
                material with intent to commit indictable
                offence                                      4
       491.     Possession of identification material with
                intent to commit indictable offence          4
       492.     Possession of identification equipment
                with intent that it be used to commit
                indictable offence                           5
       493.     Attempt offences do not apply                5
       494.     Court may grant certificate to victim of
                identity offence                             6




                            104--2                                page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)



 Criminal Code Amendment (Identity Crime)
                Bill 2009


                               A Bill for


An Act to amend The Criminal Code.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Criminal Code Amendment (Identity Crime) Bill 2009



     s. 1




1    1.       Short title
2             This is the Criminal Code Amendment (Identity Crime)
3             Act 2009.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on a day fixed by proclamation.

9    3.       The Criminal Code amended
10            This Act amends The Criminal Code.

11   4.       Part VI Division III heading replaced
12            Delete the heading to Part VI Division III and insert:
13


14             Division III -- Forgery and like offences: Identity
15                            crime: Personation
16


17   5.       Chapter LI inserted
18            After Chapter L insert:
19


20                          Chapter LI -- Identity crime
21          489.    Terms used
22                  In this Chapter --
23                  digital signature means encrypted electronic data
24                  intended for the exclusive use of a particular person as
25                  a means of identifying the person as the sender of an
26                  electronic communication;

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            Criminal Code Amendment (Identity Crime) Bill 2009



                                                                s. 5



1    electronic communication has the meaning given in
2    the Electronic Transactions Act 2003 section 5;
3    identification information means information relating
4    to a person, whether living or dead or whether real or
5    fictitious, that is capable of being used, whether alone
6    or in conjunction with other information, to identify or
7    purportedly identify the person and includes --
8      (a) a name, address, date of birth or place of birth;
9      (b) information about a person's marital status;
10     (c) information that identifies a person as another
11            person's relative;
12     (d) a driver's licence number;
13     (e) a passport number;
14      (f) biometric data;
15     (g) a voice print;
16     (h) information stored on a credit card or debit
17            card;
18      (i) a financial account number, user name or
19            password;
20      (j) a digital signature;
21     (k) a series of numbers or letters, or both numbers
22            and letters, intended for use as a means of
23            personal identification;
24      (l) an Australian Business Number, as defined in
25            the A New Tax System (Australian Business
26            Number) Act 1999 (Commonwealth);
27   identification material means --
28     (a) identification information; or
29     (b) a record that contains identification
30            information;
31   voice print means electronic data recording the unique
32   characteristics of a person's voice.


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     Criminal Code Amendment (Identity Crime) Bill 2009



     s. 5



1           490.     Making, using or supplying identification material
2                    with intent to commit indictable offence
3              (1)   A person who makes, uses or supplies identification
4                    material with the intention that the material will be
5                    used, by the person or some other person, to commit an
6                    indictable offence or to facilitate the commission of an
7                    indictable offence is guilty of a crime and is liable to
8                    the penalty that is the greater of --
9                      (a) imprisonment for 7 years; or
10                     (b) the penalty to which the person would have
11                           been liable if convicted of attempting to
12                           commit the indictable offence.
13                   Alternative offence: s. 491(1).
14             (2)   For the purposes of subsection (1), it does not matter
15                   that it is impossible in fact to commit the indictable
16                   offence.
17             (3)   It is not a defence to a charge of an offence under
18                   subsection (1) involving identification material relating
19                   to a person other than the accused person that the other
20                   person consented to the making, use or supply of the
21                   identification material by the accused person.

22          491.     Possession of identification material with intent to
23                   commit indictable offence
24             (1)   A person who is in possession of identification material
25                   with the intention that the material will be used, by the
26                   person or some other person, to commit an indictable
27                   offence or to facilitate the commission of an indictable
28                   offence is guilty of a crime and is liable to
29                   imprisonment for 5 years.
30                   Summary conviction penalty: imprisonment for
31                       24 months and a fine of $24 000.



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                     Criminal Code Amendment (Identity Crime) Bill 2009



                                                                          s. 5



1       (2)   For the purposes of subsection (1), it does not matter
2             that it is impossible in fact to commit the indictable
3             offence.
4       (3)   It is not a defence to a charge of an offence under
5             subsection (1) involving identification material relating
6             to a person other than the accused person that the other
7             person consented to the possession of the identification
8             material by the accused person.

9    492.     Possession of identification equipment with intent
10            that it be used to commit indictable offence
11      (1)   In this section --
12            identification equipment means any thing capable of
13            being used to make, use, supply or retain identification
14            material.
15      (2)   A person who is in possession of identification
16            equipment with the intention that the equipment will be
17            used, by the person or some other person, to commit an
18            indictable offence or to facilitate the commission of an
19            indictable offence is guilty of a crime and is liable to
20            imprisonment for 5 years.
21            Summary conviction penalty: imprisonment for
22                24 months and a fine of $24 000.
23      (3)   For the purposes of subsection (2), it does not matter
24            that it is impossible in fact to commit the indictable
25            offence.

26   493.     Attempt offences do not apply
27            Section 552(1) does not apply to an offence against
28            section 490, 491 or 492.




                                                                    page 5
     Criminal Code Amendment (Identity Crime) Bill 2009



     s. 5



1           494.     Court may grant certificate to victim of identity
2                    offence
3              (1)   In this section --
4                    identification material, of a victim, means
5                    identification material relating to the victim;
6                    identity offence means an offence against this
7                    Division;
8                    victim, of an identity offence, means a person whose
9                    identification material has been used, without the
10                   person's consent, in connection with the commission of
11                   the offence.
12             (2)   If a court convicts a person of an identity offence, the
13                   court may issue a certificate to a victim of the offence
14                   setting out --
15                      (a) the identity offence to which the certificate
16                           relates; and
17                     (b) the name of the victim; and
18                      (c) any matter prescribed by regulations made
19                           under subsection (6); and
20                     (d) any other matter the court considers relevant.
21             (3)   The court may issue the certificate on its own initiative
22                   or on an application made by the prosecutor or the
23                   victim.
24             (4)   Unless the offender is convicted of the identity offence
25                   on a plea of guilty, the certificate must not be issued to
26                   the victim until --
27                     (a) the end of any period allowed for an appeal
28                           against conviction; or
29                     (b) if an appeal is commenced -- the end of any
30                           proceedings on the appeal.
31             (5)   A certificate issued under this section is, in the absence
32                   of evidence to the contrary, evidence of its contents.

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                 Criminal Code Amendment (Identity Crime) Bill 2009



                                                                   s. 5



1   (6)   A court, for good reason and either on its own initiative
2         or on an application made by the prosecutor, may
3         cancel a certificate it has issued under this section.
4   (7)   The Governor may make regulations providing for any
5         matter to be set out in certificates issued under this
6         section.




                                                               page 7

 


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