Standing Committee of Attorneys General
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Chapter 3 - Theft Fraud, Blackmail, Forgery, Bribery and Related Offences

Theft, Fraud and Bribery Related Offences

Report – Chapter 3 – Theft, Fraud and Bribery Related Offences – December 1995

Conspiracy to Defraud

Report – Chapter 3 – Conspiracy to Defraud – May 1997

Credit Card Skimming

Report – Chapter 3 – Credit Card Skimming Offences – February 2006
Discussion Paper – Chapter 3 – Credit Card Skimming Offences – March 2004

Identity Crime

The issue of identity crime has received considerable media and public attention in recent years. It is of major concern to government agencies, law enforcement bodies, private organisations, the financial sector and individuals. It is also an issue of international significance. Identity crime can be a central element in transnational crime.

On 20 April 2007, MCLOC released a Discussion Paper on identity crime for public consultation. Twenty-six submissions were made in response to the Discussion Paper. Submissions were received from a variety of organisations, including State police forces, government agencies and community associations. Submissions were generally supportive of establishing model identity crime offences, but suggested amendments. MCLOC adopted some of these suggestions in the model offences.

Discussion Paper – Chapter 3 – Identity Crime – April 2007

SCAG released the MCLOC Final Report on Identity Crime at its meeting on 27-28 March 2008.

The Report discussed the nature, extent and cost of identity crime, overseas responses to identity crime, and the legislative framework in Australia. MCLOC proposed its preferred model identity crime offences and analysed the suggestions made in the submissions.

The Report recommended the following model offences:

  • making, supplying or using identification information with the intention of committing an indictable offence, punishable by up to 5 years imprisonment
  • possessing identification information with the intention of committing an indictable offence, punishable by up to 3 years imprisonment, and
  • possessing equipment capable of being used to make identification information with the intention of using, or allowing another person to use, that equipment for the purpose of committing an identity crime offence, punishable by up to 3 years imprisonment.
The Report also recommended that courts be empowered to issue certificates to victims of identity crime. The certificate would state that a person has been the victim of identity crime. The person could use the certificate to assist them with any problems the identity crime has caused them, e.g. to assist them in re-establishing their credit histories.

Report – Chapter 3 – Identity Crime – March 2008



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