Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:3_1:p1
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 1/2)
Character Range: 86327–89143

1  At the end of Chapter 10 of the Criminal Code
Add:

Part 10.8—Financial information offences

480.1  Definitions

 (1) In this Part:

ADI (authorised deposit‑taking institution) means a corporation that is an ADI for the purposes of the Banking Act 1959.

dealing in personal financial information includes supplying or using financial information.

deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
 (a) a deception as to the intentions of the person using the deception or any other person; and
 (b) conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do.

dishonest has the meaning given by section 480.2.

obtaining personal financial information includes possessing or making personal financial information.

personal financial information means information relating to a person that may be used (whether alone or in conjunction with other information) to access funds, credit or other financial benefits.

 (2) For the purposes of this Part, a person is taken to obtain or deal in personal information without the consent of the person to whom the information relates if the consent of that person is obtained by any deception.

 (3) This Part extends to personal information relating to:
 (a) an individual; or
 (b) a corporation; or
 (c) a living or dead person.

480.2  Dishonesty

 (1) For the purposes of this Part, dishonest means:
 (a) dishonest according to the standards of ordinary people; and
 (b) known by the defendant to be dishonest according to the standards of ordinary people.

 (2) In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.

480.3  Constitutional application of this Part

  This Part applies to personal financial information only if:
 (a) the funds concerned represent amounts that have been deposited with or lent to, or are otherwise to be provided or made available by, an ADI or a constitutional corporation; or
 (b) the credit or other financial benefits concerned are provided, or made available, by an ADI or a constitutional corporation.

480.4  Dishonestly obtaining or dealing in personal financial information

  A person is guilty of an offence if the person:
 (a) dishonestly obtains, or deals in, personal financial information; and
 (b) obtains, or deals in, that information without the consent of the person to whom the information relates.

Penalty: Imprisonment for 5 years.

480.5  Possession or control of thing with intent to dishonestly obtain or deal in personal financial information

 (1) A person is guilty of an offence if:
 (a) the person has possession or control of any thing; and
 (b) the