Statutes Amendment (Identity Theft) Bill 2024 (SA)

South Australia Statutes Amendment (Identity Theft) Bill 2023 A Bill For An Act to amend the Criminal Law Consolidation Act 1935, the Criminal Procedure Act 1921, the Sentencing Act 2017 and the Youth Court Act 1993.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Criminal Law Consolidation Act 1935 3 Amendment of section 144A—Interpretation 4 Amendment of section 144B—False identity etc 5 Amendment of section 144C—Misuse of personal identification information 6 Amendment of section 144D—Prohibited material 7 Insertion of section 144DA 144DA Possession of personal identification information Part 3—Amendment of Criminal Procedure Act 1921 8 Insertion of Part 4 Division 6 Division 6—Identity theft certificates 84 Certificate for identity theft victims Part 4—Amendment of Sentencing Act 2017 9 Amendment of section 125—Certificate for identity theft victims Part 5—Amendment of Youth Court Act 1993 10 Amendment of section 7—Jurisdiction

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Identity Theft) Act 2023. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Criminal Law Consolidation Act 1935 3—Amendment of section 144A—Interpretation (1) Section 144A—before the definition of criminal purpose insert: close relative—a person is a close relative of another if— (a) they are spouses or domestic partners; or (b) one is (whether by blood or marriage) a grandparent, grandchild, parent, child, brother or sister of the other; (2) Section 144A, definition of personal identification information, (a)(i)—after "address" insert: or other contact details (3) Section 144A, definition of personal identification information, (a)(vi)—delete subparagraph (vi) and substitute: (vi) each of the following: (A) the person's credit or debit card (whether in physical or digital form); (B) the number and card verification code on such a card; (C) any data stored or encrypted on such a card; (4) Section 144A, definition of personal identification information, (a)(viii)—after "identification" insert: (including, to avoid doubt, a personal identification number (PIN) or other password or passcode) (5) Section 144A—after the definition of prohibited material insert: public identification information means a person's name, address or other contact details, date or place of birth, marital status and relatives; (6) Section 144A, definition of serious criminal offence—delete the definition 4—Amendment of section 144B—False identity etc Section 144B(3)—delete "serious" wherever occurring 5—Amendment of section 144C—Misuse of personal identification information Section 144C(1)—delete "serious" wherever occurring 6—Amendment of section 144D—Prohibited material Section 144D(1), (2) and (3), penalty provisions—delete "3 years" wherever occurring and substitute in each case: 5 years 7—Insertion of section 144DA After section 144D insert: 144DA—Possession of personal identification information (1) A person who, without reasonable excuse, has possession of personal identification information of another person (the victim) is guilty of an offence. Maximum penalty: Imprisonment for 2 years. (2) Subsection (1) does not apply if— (a) the victim is a body corporate; or (b) the personal identification information consists only of public identification information. (3) If, in proceedings for an offence against subsection (1), the defendant establishes that— (a) in the ordinary course of a lawful occupation or activity undertaken by the defendant, the defendant has possession of personal information of other people generally or of a class of people to which the victim belongs; or (b) the defendant and the victim are close relatives; or (c) the defendant holds a power of attorney for the victim or is appointed under the Guardianship and Administration Act 1993 as a guardian or administrator in relation to the victim; or (d) the personal identification information only related to 1 person and was readily publicly available, then, despite section 5B, the prosecution will be required to prove that the defendant had possession of the relevant material without reasonable excuse.