Document ID: chunk:federal_register_of_legislation:C2012C00753:clause:1_1:p2
Version: federal_register_of_legislation:C2012C00753
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/4)
Character Range: 7010–9977

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.

372.2  Possession of identification information
 (1) A person (the first person) commits an offence if:
 (a) the first person possesses identification information; and
 (b) the first person intends that any person (whether or not the first person) will use the identification information to engage in conduct; and
 (c) the conduct referred to in paragraph (b) constitutes an offence against section 372.1.
Penalty: Imprisonment for 3 years.
 (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 whether or not the person to whom the identification information concerned relates consented to the possession of the identification information.
 (4) This section does not apply to the possession of the first person's own identification information.

372.3  Possession of equipment used to make identification documentation
 (1) A person (the first person) commits an offence if:
 (a) the first person possesses equipment; and
 (b) the first person intends that any person (whether or not the first person) will use the equipment to make identification documentation; and
 (c) the first person intends that any person (whether or not referred to in paragraph (b)) will use the identification documentation to engage in conduct; and
 (d) the conduct referred to in paragraph (c) constitutes an offence against section 372.1.
Penalty: Imprisonment for 3 years.
 (2) Absolute liability applies to the paragraph (1)(d) element of the offence.
Note: For absolute liability, see section 6.2.

372.4  Extended geographical jurisdiction—category A
  Section 15.1 (extended geographical jurisdiction—category A) applies to an offence against this Division.

372.5  Alternative verdict
 (1) This section applies if, in a prosecution for an offence against section 372.1, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against section 372.2.
 (2) The trier of fact may find the defendant not guilty of the offence against section 372.1 but guilty of the offence against section 372.2, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

372.6  Attempt
  It is not an offence to attempt to commit an offence against this Division.

Division 375—Victims' certificates

375.1  Certificate may be issued by magistrate in relation to victim of identity crime
 (1) A magistrate may, on application by a person (the victim), issue a certificate under this section if the magistrate is satisfied, on the balance of probabilities, that:
 (a) another person (the dealer) has dealt in identification information; and
 (b) the dealer intended that any