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Full-Text Articles in Law
New Fraud And Identity-Related Crimes In New South Wales, Alex Steel
New Fraud And Identity-Related Crimes In New South Wales, Alex Steel
Alex Steel
The Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 commenced on 22 February 2010. It represents a significant change to fraud offences in New South Wales. The Act codifies dishonesty in line with the Ghosh test, replaces over 30 fraud offences with one main offence based on deceptively obtaining financial advantage, rewords the forgery offences and introduces a suite of identity crime offences. The Act continues to move away from offences based on common law larceny and interference with property rights toward general offences based on a statutory defined concept of dishonesty. However, larceny and related offences have been …
The True Identity Of Australian Identity Theft Offences: A Measured Response Or An Unjustified Status Offence?, Alex Steel
Alex Steel
New offences to deal with internet based identity crime have been created worldwide in recent years and there has been concern at the breadth of such offences. This article provides a detailed analysis of Australian versions of these offences and compares them to other internet related offences, with a focus on Australian and Canadian approaches to the issues. After defining what is meant by identity theft and identity crime it provides an overview of some of the differences in the nature of digital crime that have led to calls for specific legislation, and some of the problems that face traditional …