THE NSW government plans to create three new identity offences - trafficking in identity data, possession with intent to commit a crime, and possession of equipment for the purpose of identity theft - in an overhaul of the state's Crimes Act. The new laws will apply to offences committed offline and online.
The most serious offence, trafficking - the sale or use of personal identification information - will carry a penalty up of to 10 years in jail, while the penalties for possession of information and possession of equipment are seven and three years' jail, respectively.
Attorney-General John Hatzistergos said the legal changes will allow police to target criminals trading in personal data for the purpose of fraud; at the same time, the penalty for serious fraud will double from five to 10 years' in prison.
"Under the new laws, it will be an offence to use everyday devices such as scanners, printers and laminators to produce fake identity documents," Mr Hatzistergos said.
"These laws (also) specifically target the use of devices that skim personal details from credit or debit cards, sometimes attached to ATMs or eftpos units."
The Crimes Amendment (Fraud, Identity and Forgery Offences) Bill, due to be introduced into NSW Parliament today, is broadly based on the Model Criminal Code agreed by the nation's standing committee of attorneys-general and is part of a move towards more harmonised laws across federal and state jurisdictions.
NSW Premier Nathan Rees said the laws were aimed at fighting the "billion-dollar identity theft syndicates ripping off families through card fraud and internet scams", labelling offenders as "thieves using sophisticated technology".
"We are responding to the growth in cyber-criminals using stolen identities to engage in money laundering, drug trafficking and illegal immigration," Mr Rees said.
"There are increasing reports of personal details like credit card and PINs being stolen and sold on the global black market.
"These laws send an important message to this new breed of criminal - we will find you and send you to jail."
