Australia Looks To Boost Identity Theft Protections

Source: Government of Australia
Posted on: 3rd October 2010

The Gillard Government today introduced legislation to better tackle identity theft and help the victims of these distressing crimes.

The Law and Justice Legislation (Identity Crimes and Other Measures) Bill 2010 was first introduced to Parliament the last term.

It was prorogued and is now being introduced again.

The Minister for Home Affairs and Justice Brendan O’Connor said the Bill will strengthen existing Commonwealth laws and help victims of identity crime to re-establish their credit histories.

“Identity crime is a growing problem that we take very seriously. It can create the conditions for serious fraud and theft offences and its effect on victims can last for many years,” he said.

“The changes we propose will ensure perpetrators face stronger penalties and victims get the help they need to recover from this upsetting crime,” Mr O’Connor said.

The Bill contains amendments that will clarify and improve the operation of several different Commonwealth Acts:

  • The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 is being amended to establish a more consistent approach to restrictions placed on the disclosure of sensitive AUSTRAC information and to strengthen safeguards to protect against disclosure.
  • The Crimes Act 1914 will be amended to increase the penalties for perverting the course of justice from five to 10 years jail.
  • Director of Public Prosecutions Act 1983 amendments to make joint trial arrangements between the Commonwealth DPP and State and Territory DPPs easier.  Changes will also provide immunity from civil suits for persons carrying out functions and powers under the Act.

The Bill was developed in consultation with stakeholders including the Commonwealth Director of Public Prosecutions, the AFP, State and Territory criminal justice stakeholders and the Community and Public Sector Union.

The Bill was first passed by the House of Representatives in February 2009 but lapsed in the Senate with the dissolution of Parliament in July this year.

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