Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p50
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 50/169)
Character Range: 1314237–1317088

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 (the first person) commits an offence if:
 (a) the first person deals in identification information; and
 (b) 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
 (c) the offence referred to in paragraph (b) is:
 (i) an indictable offence against a law of the Commonwealth; or
 (ii) 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 paragraph (1)(c) element of the offence.
Note: For absolute liability, see section 6.2.
 (3) 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.
 (4) This section does not apply to dealing in the first person's own identification information.

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