Document ID: chunk:federal_register_of_legislation:C2012A00167:clause:2_3:p1
Version: federal_register_of_legislation:C2012A00167
Segment Type: clause
Provision Reference: sch 2 cl 3 (pt 1/2)
Character Range: 32709–35514

3  After section 372.1 of the Criminal Code
Insert:

372.1A  Dealing in identification information that involves use of a carriage service

Dealing in identification information using a carriage service
 (1) A person (the first person) commits an offence if:
 (a) the first person deals in identification information; and
 (b) the first person does so using a carriage service; and
 (c) the first person intends that any person (the user) (whether or not the first person) will use the identification information to pretend to be, or to pass the user off as, another person (whether living, dead, real or fictitious) for the purpose of:
 (i) committing an offence; or
 (ii) facilitating the commission of an offence; and
 (d) the offence referred to in paragraph (c) is:
 (i) an indictable offence against a law of the Commonwealth; or
 (ii) an indictable offence against a law of a State or Territory; or
 (iii) a foreign indictable offence.
Penalty: Imprisonment for 5 years.
Note: Deal, in identification information, includes make, supply or use any such information. See section 370.1.
 (2) Absolute liability applies to the paragraphs (1)(b) and (d) elements of the offence.
Note: For absolute liability, see section 6.2.

Dealing in identification information obtained using a carriage service
 (3) A person (the first person) commits an offence if:
 (a) the first person obtains identification information; and
 (b) the first person does so using a carriage service; and
 (c) the first person deals in the identification information; and
 (d) the first person intends that any person (the user) (whether or not the first person) will use the identification information to pretend to be, or to pass the user off as, another person (whether living, dead, real or fictitious) for the purpose of:
 (i) committing an offence; or
 (ii) facilitating the commission of an offence; and
 (e) the offence referred to in paragraph (d) is:
 (i) an indictable offence against a law of the Commonwealth; or
 (ii) an indictable offence against a law of a State or Territory; or
 (iii) a foreign indictable offence.
Penalty: Imprisonment for 5 years.
Note: Deal, in identification information, includes make, supply or use any such information. See section 370.1.
 (4) Absolute liability applies to the paragraphs (3)(b) and (e) elements of the offence.
Note: For absolute liability, see section 6.2.

Presumption that conduct was engaged in using carriage service
 (5) If the prosecution proves beyond reasonable doubt that a person engaged in the conduct referred to in paragraph (1)(a) or (3)(a), then it is presumed, unless the person proves to the contrary, that the person used a carriage service to engage in that conduct.
Note: A defendant bears a legal burden in relation to the matter in this subsection.