10 May 2014

Identity Offences

In looking at yesterday's arrests over fake identities and allegations of $7m 'insider trading' (an employee of the Australian Bureau of Statistics allegedly feeding an associate with early access to business data) I'm reminded of recent prosecutions of people using what the mass media dub 'fake names' for domestic air travel.

In February last year a 29 year old man "allegedly travelling under a false name" was arrested at Brisbane Airport by Australian Federal Police, having flown from Perth with an intended destination of Rockhampton.

The AFP media release at that time stated
As part of routine airport patrol operations, the man’s identification was checked by AFP officers and was found to be different to the name listed on his travel documentation. 
Recent changes to legislation [noted here] make it a criminal offence to travel under a false name and this arrest is the first arrest relating to these offences. 
The legislation came into force on 28 November 2012 following recommendations made by the 2011 Parliamentary Joint Committee on Law Enforcement’s Inquiry into the Adequacy of Aviation and Maritime Security Measures  [noted here].
The man was charged with the following offences:
Taking a flight using an air passenger ticket in a false name – an offence under Section 376.4(2) Criminal Code Act 1995.
Using false information to obtain an air passenger ticket – an offence under Section 376.3(1) Criminal Code Act 1995.
AFP National Manager Aviation Shane Connelly said that passengers should be aware that officers randomly check identification at airports. 
“Our airport officers will uphold Australian law in respect to persons travelling or attempting to travel with false documentation at all of Australia’s major domestic airports,” Assistant Commissioner Connelly said. “The new legislation makes it a criminal offence to both buy a ticket under a false name and to use a ticket under a false name.” 
It isn't, of course, an offence to travel by train or bus or ferry using another name (subject of course to the ticket being legitimately obtained rather than, for example, through unauthorised use of someone's credit card).

In March this year a 23 year old man was charged with travelling under false identification documents.
The man was arrested today while AFP officers were conducting routine patrols around the departure gates at Cairns Airport domestic terminal. 
The man had attempted to board a flight to Brisbane when airline staff identified that he was travelling under false documentation. Airline staff refused to accept the passenger. 
The matter was referred to the AFP and police enquiries commenced. The man was arrested and charged with the following offences:
False identification information – air passenger tickets obtained using a carriage service, contrary to section 376.3 (1) of the Criminal Code Act 1995. 
Carriage Service Offence – taking a flight using an air passenger ticket, contrary to section 376.3 (2) of the Criminal Code Act 1995.
Airport Police Commander Cairns Airport Glen Fisher said that passengers should be aware of random identification checks. “Passengers are reminded that it is an offence to both buy a ticket under a false name and to use a ticket under a false name,” Superintendent Fisher said. The maximum penalty for these offences is 12 months imprisonment.
 In the ABS case the alleged trader in Melbourne (an employee of the NAB) was charged with
One count of conspiracy to engage in insider trading, pursuant to section 11.5 of the Criminal Code Act 1995 (Cth), which is an offence by virtue of sub-section 1311(1) of the Corporations Act 2001 (Cth) in that they contravened paragraph 1043A(1)(c) of the Corporations Act 2001 (Cth). 
One count of giving a bribe to a Commonwealth public official, with the intention to influence the official in the exercise of his duties as a Commonwealth public official, contrary to section 141.1(1)(a)(iii) of the Criminal Code Act 1995 (Cth); 
Three counts of insider trading, by trading in foreign exchange derivatives whilst in possession of inside information not generally available to the public, contrary to sections 1043A(1)(c) and 1311(1) of the Corporations Act 2001 (Cth); 
One count of dealing in identification information using a carriage service and dealing with that identification information, with the intention to use the identification information to pretend to be or to pass themselves off as another person for the purpose of facilitating the commission of an offence, contrary to section 372.1A(1) of the Criminal Code Act 1995 (Cth). 
One count of dealing in proceeds of crime, money or property worth AU$1,000,000 or more, contrary to section 400.3(1) of the Criminal Code Act 1995 (Cth).
 The ABS employee was charged with -
One count of conspiracy to engage in insider trading, pursuant to section 11.5 of the Criminal Code Act 1995 (Cth), which is an offence by virtue of sub-section 1311(1) of the Corporations Act 2001 (Cth) in that they contravened paragraph 1043A(1)(c) of the Corporations Act 2001 (Cth). 
One count of receiving a bribe as a Commonwealth public official, contrary to section 141.1(3)(a)(iii) of the Criminal Code Act 1995 (Cth); 
One count of abuse of public office to dishonestly obtain a benefit, contrary to section 142.2(1)(b)(i) of the Criminal Code Act 1995 (Cth); 
One count of dealing in proceeds of crime, money or property worth $10,000 or more, contrary to section 400.6(1) of the Criminal Code Act 1995 (Cth).