Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 408D

408D Obtaining or dealing with identification information

(1) A person who obtains or deals with another entity’s identification information for the purpose of committing, or facilitating the commission of, an indictable offence commits a misdemeanour.

Penalty—

Maximum penalty—5 years imprisonment.

(1A) A person who possesses equipment for the purpose of committing, or facilitating the commission of, an offence against subsection (1) , commits a misdemeanour.

Penalty—

Maximum penalty—5 years imprisonment.

(1B) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for an offence against this section.

(1C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

(2) For subsection (1) , it is immaterial whether the other entity is alive or dead, or exists or does not exist, or consents or does not consent to the obtaining or dealing.

(3) When a court is sentencing a person for an offence against subsection (1) , the court may order that the court’s certificate be issued to the other entity stating the offence, the entity’s name and anything else the court considers relevant for the entity’s benefit.

(4) The order may be made on the court’s own initiative or on application by the entity or the prosecutor.

(5) If the person is sentenced on a plea of guilty, the certificate may be given to the entity immediately.

(6) If subsection (5) does not apply, the certificate must not be given to the entity until the later of the following—

(a) the end of any period allowed for appeal against conviction;

(b) if an appeal is started—the end of any proceedings on the appeal.

(7) In this section—

"dealing" , with identification information, includes supplying or using the information.

"digital signature" means encrypted electronic or computer data intended for the exclusive use of a particular person as a means of identifying himself or herself as the sender of an electronic communication.

"identification information" , of another entity, means information about, or identifying particulars of, the entity that is capable of being used, whether alone or in conjunction with other information, to identify or purportedly identify the entity.

Example—

• information about the individual or the individual’s relatives including name, address, date of birth, marital status and similar information

• the individual’s driver licence or driver licence number

• the individual’s passport or passport number

• anything commonly used by an individual to identify himself or herself, including a digital signature

• the individual’s financial account numbers, user names and passwords

• a series of numbers or letters (or a combination of both) intended for use as a means of personal identification

• any data stored or encrypted on the individual’s credit or debit card

• biometric data relating to the individual

• the individual’s voice print

• a false driver licence or other false form of identification for a fictitious individual

Example—

• the body corporate’s name

• the body corporate’s ABN

• the body corporate’s financial account numbers

• any data stored or encrypted on a credit or debit card issued to the body corporate

"obtaining" , identification information, includes possessing or making the information.