Australia According To The Criminal Code Act 1995 (Cth)
According to the Criminal Code Act 1995 (Cth), identity theft occurs ‘when a criminal gains access to your personal information (such as your name, address, date of birth or bank account details) to steal money or gain other benefits.’ The legal issue to be addressed is that in an Australian society with increasingly complex social and technological advances, identity theft has progressively become more detrimental to victims. Current measures have only been somewhat effective in engaging with, and fighting this type of crime and this is due to the current legislations in Australia inadequately protecting society to the extent where there is a rapid upsurge in identity theft offences throughout the country. Another legal issue that needs to be addressed is whether sections 132.1 and 134.2 of the Criminal Code Act 1995 (Cth) (to be referred to as the Act), and section 134.2 (1) of the Crimes Act 1914 (Cth); inadequately protects victims and other stakeholders from identity theft and its detrimental consequences. Section 132.1 of
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The law being investigated is sections 132.1 and 134.2 of the Criminal Code Act 1995 (Cth). Part (1) of section 132.1 addresses the issue of identity theft being an individual who commits the offence of dishonestly receiving stolen personal identity, knowing or believing the identity is stolen. Under part (1) section 134.2 identity theft refers to an individual; by a deception, dishonestly obtaining financial advantage from another individual. Identity theft is commonly referred to as the fraudulent practice of using another individual’s name or personal information usually for financial
The law being investigated is sections 132.1 and 134.2 of the Criminal Code Act 1995 (Cth). Part (1) of section 132.1 addresses the issue of identity theft being an individual who commits the offence of dishonestly receiving stolen personal identity, knowing or believing the identity is stolen. Under part (1) section 134.2 identity theft refers to an individual; by a deception, dishonestly obtaining financial advantage from another individual. Identity theft is commonly referred to as the fraudulent practice of using another individual’s name or personal information usually for financial