New Fraud and Identity-Related Crimes in New South Wales

Judicial Officers Bulletin, Vol. 22, No. 3, pp. 18-22, 2010

5 Pages Posted: 23 Sep 2010

See all articles by Alex Steel

Alex Steel

University of New South Wales (UNSW) - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: September 23, 2010

Abstract

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 retained. Consequently, care needs to be taken to distinguish between the different ingredients that constitute the various offences. This article provides an analysis of those changes.

Keywords: fraud, identity crime, law reform, dishonesty, NSW

JEL Classification: K14

Suggested Citation

Steel, Alex, New Fraud and Identity-Related Crimes in New South Wales (September 23, 2010). Judicial Officers Bulletin, Vol. 22, No. 3, pp. 18-22, 2010, Available at SSRN: https://ssrn.com/abstract=1681770

Alex Steel (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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