The Bill features
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.
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.'Identification documentation' refers to "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).
