White collar criminals and serious and organised crime groups will face tougher penalties under new laws introduced into Parliament today. The Crime Bill will increase financial penalties for all Commonwealth crimes, create a new offence of using a false identity when travelling on aeroplanes and speed up the proscribing of new illegal drugs.
"Penalty units" in the Commonwealth Crimes Act will increase from $110 to $170. Penalty units have not increased since 1997. "Crime doesn't pay. These new laws will make it easier to fight identity crime, new and emerging drug importation and trafficking and white collar tax crimes," the Attorney-General said.
"Identity theft is one of the fastest growing crimes in Australia. This Bill will make it a criminal offence to use a false identity when travelling within Australia by air or booking domestic flights online or using a mobile phone. "Organised criminals invent or steal identities in order to evade detection and commit serious crimes such as money laundering, drug offences, fraud and terrorism.
"This Labor Government is increasing the value of the "penalty unit" to $170 to make sure penalties keep pace with inflation and are a real deterrent to white collar and organised crime.
For example: A person who dishonestly uses the financial information of another person without their consent will face up to $51,000 in fines, up from $33,000. Companies who commit this crime could be liable for more than a quarter of a million dollars in fines, up from $165,000; A person who knowingly makes a false or misleading statement in documents they lodge with ASIC will face up to $34,000 in fines, up from $22,000. A company will be liable for up to $170,000 in fines, up from $110,000.The identity provisions are in schedule 2 of the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Bill 2012 (Cth).
In particular the Criminal Code is to be amended through insertion of a new s 372.1A ('Dealing in identification information that involves use of a carriage service')
Dealing in identification information using a carriage service
(1) A person (the first person) commits an offence if:
(a) the first person deals in identification information; and
(b) the first person does so using a carriage service; and
(c) the first person intends that any person (the user) (whether or not the first person) will use the identification information to pretend to be, or to pass the user off as, another person (whether living, dead, real or fictitious) for the purpose of: (i) committing an offence; or (ii) facilitating the commission of an offence; and
(d) the offence referred to in paragraph (c) is: (i) an indictable offence against a law of the Commonwealth; or (ii) an indictable offence against a law of a State or Territory; or (iii) a foreign indictable offence.
'Deal' encompasses "make, supply or use any such information"Penalty: Imprisonment for 5 years
Dealing in identification information obtained using a carriage service
(3) A person (the first person) commits an offence if:
(a) the first person obtains identification information; and
(b) the first person does so using a carriage service; and
(c) the first person deals in the identification information; and
(d) the first person intends that any person (the user) (whether or not the first person) will use the identification information to pretend to be, or to pass the user off as, another person (whether living, dead, real or fictitious) for the purpose of: (i) committing an offence; or (ii) facilitating the commission of an offence; and
(e) the offence referred to in paragraph (d) is: (i) an indictable offence against a law of the Commonwealth; or (ii) an indictable offence against a law of a State or Territory; or (iii) a foreign indictable offence.
The Bill also provides for amendment of the Crimes Act 1914 (Cth) through new sections regarding 'False Identity and Air Travel'.Penalty: Imprisonment for 5 years.
A new Division 3B ('Powers to require identity information at airports') is inserted in Division IAA. Section 3UM ('Identity information at airports') provides for
(1) A constable may make a request under this section of a person (a suspect) if:
(a) the request is made at a constitutional airport; and
(b) the constable reasonably suspects that the suspect has committed, is committing or intends to commit an offence against a law of the Commonwealth, or a law of a State or Territory, punishable by imprisonment for 12 months or 9 more.
(2) A constable may also make a request under this section of a person (a suspect) if:
(a) the request is made at an airport other than a constitutional airport; and;
(b) the constable reasonably suspects that the suspect has committed, is committing or intends to commit an offence against a law of the Commonwealth punishable by imprisonment for 12 months or more.
Evidence of identity
(3) The constable may request the suspect to give the constable evidence of the suspect's identity by:
(a) producing a government photographic identity document issued in relation to the suspect, if held by the suspect; and
(b) if the suspect does not produce a government photographic identity document as requested under paragraph (a) -- producing another identity document in relation to the suspect, if held by the suspect; and
(c) if the suspect does not produce an identity document as requested under paragraph (a) or (b) -- giving the constable the suspect's name and address
Constable's duties
(4) The constable must, before making a request under subsection (3):
(a) if the constable is not in uniform (i) show the suspect evidence that the constable is a 1 constable; and (ii) if the suspect requests -- comply with subsection (5); ;
(b) in any case -- inform the suspect that it may be an offence not to comply with the request, or to give the constable a false or misleading document, or false or misleading information, in response to the request.
(5) If the constable is not in uniform, the constable must give the suspect any of the following information if requested by the suspect:
(a) the constable's name;
(b) the address of the constable's place of duty;
(c) the constable's identification number (if any);
The proposed section 3UN deals with offences relating to section 3UM(d) if the constable has no identification number -- the constable's rank
Offence by suspect
(1) A person commits an offence if:
(a) a constable makes a request of the person under subsection 3UM(3); and
(b) the person fails to comply with the request; and
(c) the constable complies with subsection 3UM(4).
The proposed Division 376 ('False identity and air travel') coversPenalty: 20 penalty units
376.2 False identification information--at constitutional airports
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information at a place; and
(b) the defendant does so reckless as to whether the information is used to identify the defendant as a passenger on a flight; and
(c) the information is identification information; and
(d) the information is false in relation to the defendant; and
(e) the place is a constitutional airport.
A constitutional airport is "a Commonwealth aerodrome" or a Territory airport.Penalty: Imprisonment for 12 months.
Section 376.3 deals with 'False identification information--air passenger tickets obtained using a carriage service'
Carriage service offence--using information to obtain an air passenger ticket
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information; and
(b) the defendant does so: (i) with the result that an air passenger ticket for a flight is obtained (whether by the defendant or another person); and (ii) reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
(c) the information is identification information; and
(d) the information is false in relation to the person who takes, or intends to take, the flight using the ticket; and
(e) a carriage service is used (whether by the defendant or another person) to obtain the ticket; and
(f) the flight starts or ends within Australia.
Penalty: Imprisonment for 12 months.
Carriage service offence--taking a flight using an air passenger ticket
(2) A person (the defendant) commits an offence if:
(a) the defendant takes a flight using an air passenger ticket; and
(b) identification information was used (whether by the defendant or another person) to obtain the ticket; and
(c) the information resulted in the identification of a person as a passenger on the flight; and
(d) the information is false in relation to the defendant; and
(e) a carriage service was used (whether by the defendant or another person) to obtain the ticket; and
(f) the flight starts or ends within Australia.
Penalty: Imprisonment for 12 months.
General
(3) In a prosecution for an offence against subsection (1) or (2), if the prosecution proves beyond reasonable doubt that an air passenger ticket was obtained, then it is presumed, unless the defendant proves to the contrary, that a carriage service was used to obtain the ticket.Under the proposed s 376.4 ('False identification information--air passenger tickets for constitutional flights') ….
Constitutional flight offence--using information to obtain an air passenger ticket
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information; and
(b) the defendant does so: (i) with the result that an air passenger ticket for a flight is obtained (whether by the defendant or another person); and (ii) reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
(c) the information is identification information; and
(d) the information is false in relation to the person who takes, or intends to take, the flight using the ticket; and
(e) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months
