(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. See section 13.4.
Application of section
(6) This section applies:
(a) even if:
(i) committing the offence referred to in paragraph (1)(c) or (3)(d) is impossible; or
(ii) the offence referred to in paragraph (1)(c) or (3)(d) 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.
(7) 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 or subsection 372.1A(1) or (3).
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 or subsection 372.1A(1) or (3).
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 or subsection 372.1A(1) or (3), 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 or subsection 372.1A(1) or (3) (as the case requires) 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 person (the user) (whether or not the dealer) would use the identification information to pretend to be, or to pass the user off as, another person (whether the victim or another person living, dead, real or fictitious) for the purpose of:
(i) committing an offence; or
(ii) facilitating the commission of an offence; and
(c) the certificate may assist with any problems the dealing has caused in relation to the victim’s personal or business affairs; and
(d) the offence referred to in paragraph (b) is an indictable offence against a law of the Commonwealth.
Note: Deal, in identification information, includes make, supply or use any such information. See section 370.1.
(2) 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.
375.2 Content of certificate
(1) A certificate issued under section 375.1 must:
(a) identify the victim; and
(b) describe the dealing in identification information.
(2) The certificate may contain such other information as the magistrate considers appropriate.
(3) The certificate must not identify the dealer.
375.3 Relation to civil and criminal proceedings
(1) The magistrate may issue a certificate under section 375.1 whether or not:
(a) the dealer is identifiable; or
(b) subject to subsection (2)—any proceedings (whether civil or criminal) have been or can be taken against a person for or in relation to the dealing, or are pending.
(2) The magistrate must not issue a certificate under section 375.1 if doing so would prejudice any proceedings.
(3) The certificate is not admissible in any proceedings.
375.4 Power conferred on magistrate personally
(1) Power is conferred by this Division on a magistrate only in a personal capacity and not as a court or a member of a court.
(2) The magistrate need not accept the power conferred.
(3) A magistrate exercising a power under this Division has the same protection and immunity as if he or she were exercising that power as, or as a member of, the court of which the magistrate is a member.
Division 376—False identity and air travel
376.1 Definitions for Division 376
In this Division:
air passenger ticket, for a flight, means a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on:
(a) the flight; or
(b) a journey that includes the flight.
false: identification information relating to a person is false if it is false in a material particular that affects the capacity of the information to be used (whether alone or in conjunction with other information or documents) to identify the person.
Note: For the meaning of identification information, see section 370.1.
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information at a place; and
(b) the defendant does so reckless as to whether the information is used to identify the defendant as a passenger on a flight; and
(c) the information is identification information; and
(d) the information is false in relation to the defendant; and
(e) the place is a constitutional airport.
Penalty: Imprisonment for 12 months.
(2) Absolute liability applies to paragraph (1)(e).
Note: For absolute liability, see section 6.2.
(3) In this section:
constitutional airport means:
(a) a Commonwealth aerodrome within the meaning of the Crimes (Aviation) Act 1991 (see section 3 of that Act); or
(b) another airport, if the airport is in a Territory.
376.3 False identification information—air passenger tickets obtained using a carriage service
Carriage service offence—using information to obtain an air passenger ticket
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information; and
(b) the defendant does so:
(i) with the result that an air passenger ticket for a flight is obtained (whether by the defendant or another person); and
(ii) reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
(c) the information is identification information; and
(d) the information is false in relation to the person who takes, or intends to take, the flight using the ticket; and
(e) a carriage service is used (whether by the defendant or another person) to obtain the ticket; and
(f) the flight starts or ends within Australia.
Penalty: Imprisonment for 12 months.
Carriage service offence—taking a flight using an air passenger ticket
(2) A person (the defendant) commits an offence if:
(a) the defendant takes a flight using an air passenger ticket; and
(b) identification information was used (whether by the defendant or another person) to obtain the ticket; and
(c) the information resulted in the identification of a person as a passenger on the flight; and
(d) the information is false in relation to the defendant; and
(e) a carriage service was used (whether by the defendant or another person) to obtain the ticket; and
(f) the flight starts or ends within Australia.
Penalty: Imprisonment for 12 months.
General
(3) In a prosecution for an offence against subsection (1) or (2), if the prosecution proves beyond reasonable doubt that an air passenger ticket was obtained, then it is presumed, unless the defendant proves to the contrary, that a carriage service was used to obtain the ticket.
Note: A defendant bears a legal burden in relation to the matter in this subsection: see section 13.4.
(4) Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).
Note: For absolute liability, see section 6.2.
376.4 False identification information—air passenger tickets for constitutional flights
Constitutional flight offence—using information to obtain an air passenger ticket
(1) A person (the defendant) commits an offence if:
(a) the defendant uses information; and
(b) the defendant does so:
(i) with the result that an air passenger ticket for a flight is obtained (whether by the defendant or another person); and
(ii) reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
(c) the information is identification information; and
(d) the information is false in relation to the person who takes, or intends to take, the flight using the ticket; and
(e) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months.
Constitutional flight offence—taking a flight using an air passenger ticket
(2) A person (the defendant) commits an offence if:
(a) the defendant takes a flight using an air passenger ticket; and
(b) identification information was used (whether by the defendant or another person) to obtain the ticket; and
(c) the information resulted in the identification of a person as a passenger on the flight; and
(d) the information is false in relation to the defendant; and
(e) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months.
General
(3) Absolute liability applies to paragraphs (1)(e) and (2)(e).
Note: For absolute liability, see section 6.2.
(4) In this section:
constitutional flight means:
(a) a flight that starts or ends in a Territory; or
(b) a flight between Australia and a foreign country in which an aircraft is used in the course of trade or commerce, for the carriage of passengers; or
(c) a flight between one State and another State in which an aircraft is used in the course of trade or commerce, for the carriage of passengers.
Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to the offences in sections 376.3 and 376.4.
Part 9.6—Contamination of goods
380.1 Definitions
(1) In this Part:
constitutional trade and commerce means trade and commerce:
(a) with other countries; or
(b) among the States; or
(c) between a State and a Territory; or
(d) between 2 Territories.
contaminate goods includes:
(a) interfere with the goods; or
(b) make it appear that the goods have been contaminated or interfered with.
goods includes any substance:
(a) whether or not for human consumption; and
(b) whether natural or manufactured; and
(c) whether or not incorporated or mixed with other goods.
(2) A reference in this Part to economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through:
(a) members of the public not purchasing or using those goods or similar things; or
(b) steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.
380.2 Contaminating goods
Offences based on implied nationhood power
(1) A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so with intent:
(i) to cause public alarm or anxiety in Australia; or
(ii) to cause widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) to cause harm to, or create a risk of harm to, public health in Australia.
Penalty: Imprisonment for 15 years.
(1A) A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so reckless as to:
(i) causing public alarm or anxiety in Australia; or
(ii) causing widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) causing harm to, or creating a risk of harm to, public health in Australia.
Penalty: Imprisonment for 10 years.
Offences based on other constitutional powers
(2) A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so with intent to cause:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(iv) the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
(ix) the contamination occurs outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(x) the loss is a loss to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 15 years.
(2A) A person commits an offence if:
(a) the person contaminates goods; and
(b) the person does so reckless as to causing:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);