27 March 2008
NEW IDENTITY CRIME OFFENCES PROPOSED
The Minister for Home Affairs, Bob Debus, says he’ll be pushing the states and territories to introduce new laws which will help victims of identity theft to re-establish their credit histories.
“Identity crime is an international problem and while the true extent of it is unknown, a few years ago it was estimated to cost Australian business more than a billion dollars a year, a figure which has no doubt grown.
“At this week’s Standing Committee of Attorney’s-General I’ll be releasing a report which examines the nature, impact, extent and cost of identity crime, as well as the response of other countries to the problem.
"It also analyses the current law in Australia and concludes that there are some ‘gaps’ in the current offences,” Mr Debus said.
The report recommends the creation of three identity crime offences:
- making, supplying or using identification information with the intention of committing an indictable offence, up to five years imprisonment
- possessing identification information with the intention of committing an indictable offence, up to three years imprisonment, and
- possessing equipment capable of being used to make false identification information with the intention of using, or allowing another person to use that equipment for the purpose of committing an identity crime offence, up to three years imprisonment.
Identity crime can involve the illegal use of a person’s credit card details to make purchases over the internet or telephone, the assumption of another person’s entire identity to open bank accounts, take out loans, and conduct other business illegally in that name.
A person’s identity can be falsely used for citizenship, Centrelink payments and medical services and to gain professional qualifications.
Mr Debus said victims often aren’t aware that identity crime has even occurred until they’re called by creditors about defaulted loan repayments.
“The notion of identity is central to almost every aspect of our lives, it affects relationships, reputation and livelihood, which is why when it occurs, people feel violated and vulnerable.
“Individual victims spend an average of two or more years attempting to restore their credit ratings.
“I’ll be recommending that all jurisdictions be empowered to issue certificates to victims of identity crime to help them re-establish their credit histories.
“It will allow victims to get an order from a Local or Magistrates Court to reclaim their identity, after a prosecution has occurred, or if they become aware their identity’s been stolen.
“Identity crime is a significant problem because of its great costs to all sectors of the economy.
“It is often a central element of transnational crime, allowing criminal groups to fund their illegal activities across borders. It’s therefore critical that the issue is dealt with in a uniform way by all jurisdictions.”
The report is available at www.ag.gov.au.
Media Contact: Samantha Wills 0448721372