Queensland outlaws identity fraud

Identity fraud will attract up to three years’ jail under new legislation passed by State Parliament.

Attorney-General and Minister for Justice Kerry Shine said the rapid development of information technology had led to a corresponding increase in crimes committed using that technology.

“Queensland is only the second State in the country – the other being South Australia – to introduce a specific crime of identity fraud,” Mr Shine said.

“This legislation passed by State Parliament will make it unlawful to obtain, possess or deal in personal identification information for the purposes of committing or facilitating an indictable offence.”

“There is already a range of offences closely related to the use of false personal identification information, including fraud, forgery, computer hacking, personation, uttering and theft.”

“The new provisions will close the potential gap where a person possesses, obtains or supplies someone else’s personal identification information with the intention of using it for criminal purposes, but before they actually commit a substantive offence.”

“They will also cover situations where such information is obtained in Queensland for the purposes of committing a fraud interstate or overseas, outside our legal jurisdiction.”

“The new provisions will apply to identity theft, as well as cases where the information relates to dead or fictitious identities.

“They will also apply where someone consents to the misuse of their personal information.”

Mr Shine said the new provisions had been carefully drafted to ensure they did not become obsolete quickly with further developments in information technology.

“For example, identification information has been broadly defined and would include account numbers, user names, passwords and many other details that might be misused to access funds, credit or other financial benefits,” Mr Shine said.

“It will apply to any such information capable of being used for identity fraud.”

Mr Shine said the amendments would outlaw notorious activities such as ‘credit card skimming’ where personal financial details were obtained through underhand means, such as attaching electronic reading devices to automatic teller machines, and then used to empty unsuspecting victims’ accounts.

“The new provisions will also enable law enforcement agencies to crack down on the growing problem of identity theft,” he said.

“Identity theft can be financially and emotionally devastating for victims, leaving them with bad credit ratings, potential bankruptcy and even the prospect of criminal charges.”

“False and stolen identities can then be used for serious crimes such as drug trafficking and terrorism, as well as fraud, so we are determined to ensure our law enforcement agencies have the legal framework they need to act early and nip such activities in the bud.”

Mr Shine said the new provisions would enable sentencing courts to issue certificates to the victims of identity theft clearing them of wrongdoing, so they could begin repairing the damage done to their reputations and financial affairs.

He said the legislation would not apply to underage teenagers using false identification to access licensed premises, for example, because that would be a summary offence.

A 2003 study by the Australian Transaction Reports and Analysis Centre found identity fraud in Australia costs around $1.1 billion each year.

Internationally, it has been estimated that the cost could be as high as $2 trillion.

Media contact: Kirby Anderson (Mr Shine’s office) 3239 6400 or 0418 197 350 kirby.anderson@ministerial.qld.gov.au