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


CRIMES AMENDMENT (IDENTITY CRIME) BILL 2009

                 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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