Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p53
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 53/169)
Character Range: 1322077–1324833

would use the identification information to pretend to be, or to pass the user off as, another person (whether the victim or another person living, dead, real or fictitious) for the purpose of:
 (i) committing an offence; or
 (ii) facilitating the commission of an offence; and
 (c) the certificate may assist with any problems the dealing has caused in relation to the victim's personal or business affairs; and
 (d) the offence referred to in paragraph (b) is an indictable offence against a law of the Commonwealth.
Note: Deal, in identification information, includes make, supply or use any such information. See section 370.1.
 (2) This section applies:
 (a) even if:
 (i) committing the offence referred to in paragraph (1)(b) is impossible; or
 (ii) the offence referred to in paragraph (1)(b) is to be committed at a later time; and
 (b) whether or not the person to whom the identification information concerned relates consented to the dealing in the identification information.

375.2  Content of certificate
 (1) A certificate issued under section 375.1 must:
 (a) identify the victim; and
 (b) describe the dealing in identification information.
 (2) The certificate may contain such other information as the magistrate considers appropriate.
 (3) The certificate must not identify the dealer.

375.3  Relation to civil and criminal proceedings
 (1) The magistrate may issue a certificate under section 375.1 whether or not:
 (a) the dealer is identifiable; or
 (b) subject to subsection (2)—any proceedings (whether civil or criminal) have been or can be taken against a person for or in relation to the dealing, or are pending.
 (2) The magistrate must not issue a certificate under section 375.1 if doing so would prejudice any proceedings.
 (3) The certificate is not admissible in any proceedings.

375.4  Power conferred on magistrate personally
 (1) Power is conferred by this Division on a magistrate only in a personal capacity and not as a court or a member of a court.
 (2) The magistrate need not accept the power conferred.
 (3) A magistrate exercising a power under this Division has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the magistrate is a member.

Division 376—False identity and air travel

376.1  Definitions for Division 376
  In this Division:
air passenger ticket, for a flight, means a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on:
 (a) the flight; or
 (b) a journey that includes the flight.
false: identification information relating to a person is false if it is false in a material particular that affects the capacity of the information to be used (whether alone