Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p49
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 49/169)
Character Range: 1311720–1314495

offence against subsection 361.3(2)—an offence against subsection 361.3(1).

Part 9.5—Identity crime

Division 370—Preliminary

370.1  Definitions
  In this Code:
deal, in identification information, includes make, supply or use any such information.
identification documentation means any document or other thing that:
 (a) contains or incorporates identification information; and
 (b) is capable of being used by a person for the purpose of pretending to be, or passing the person off as, another person (whether living, dead, real or fictitious).
identification information means information, or a document, relating to a person (whether living, dead, real or fictitious) that is capable of being used (whether alone or in conjunction with other information or documents) to identify or purportedly identify the person, including any of the following:
 (a) a name or address;
 (b) a date or place of birth, whether the person is married or has a de facto partner, relatives' identity or similar information;
 (c) a driver's licence or driver's licence number;
 (d) a passport or passport number;
 (e) biometric data;
 (f) a voice print;
 (g) a credit or debit card, its number, or data stored or encrypted on it;
 (h) a financial account number, user name or password;
 (i) a digital signature;
 (j) a series of numbers or letters (or both) intended for use as a means of personal identification;
 (k) an ABN.

370.2  Definition of foreign indictable offence
  In Division 372:
foreign indictable offence means an offence against a law of a foreign country or part of a foreign country that is constituted by conduct that, if engaged in in Australia, would constitute an indictable offence against a law of the Commonwealth.

370.3  Concurrent operation intended
 (1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
 (2) Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:
 (a) an act or omission that is an offence against a provision of this Part; or
 (b) a similar act or omission;
an offence against the law of the State or Territory.
 (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
 (a) provides for a penalty for the offence that differs from the penalty provided for in this Part;
 (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;
 (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.

Division 372—Identity fraud offences

372.1  Dealing in identification information
 (1) A person