Clause 16

A person commits an offence if the person —

sells, rents, lends or otherwise supplies, or offers to sell, rent, lend or otherwise supply, a designated online account to another person; and

does so knowing, or having reasonable grounds to believe, that the designated online account will be used —

to commit, or to facilitate the commission by any person of, any offence under any written law; or

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.

In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (X) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the designated online account will be used to commit, or to facilitate the commission by a person of, an offence under any written law, if —

X does the act for any gain; or

at the time X does the act, X fails to take reasonable steps to ascertain —

the identity and physical location of the person to whom the designated online account is supplied; or

the purpose for which the person receives the designated online account from X.

A person who does an act mentioned in subsection (1)(a) does not commit an offence if, at the time the person does the act, the person has reasonable grounds to believe that the purpose of the act is to facilitate the use of, or access to, the designated online account for a lawful purpose.

For the purpose of proving whether a designated online account was used to commit, or to facilitate the commission of, an offence, it is not necessary for the prosecution to prove that a specific offence occurred.

Subject to subsection (6), a person who commits an offence under subsection (1) shall be liable on conviction —

in the case of an individual —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or

in any other case —

to a fine not exceeding $20,000; and

in the case of a second or subsequent conviction, to a fine not exceeding $40,000.

Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), the individual shall, in addition to the punishment under subsection (5)(a), be liable to caning of not more than 12 strokes if the individual knew that the designated online account will be used to commit, or to facilitate the commission by any person of, any scam offence.

For the purposes of subsection (6), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.Receiving, retaining control, etc., of designated online account for criminal activity39GB.—

A person commits an offence if the person —

does any of the following acts:

buys, rents, borrows or otherwise receives, or offers to buy, rent, borrow or otherwise receive, a designated online account;

retains control of a designated online account opened using another person’s personal information; and

does so intending to use the designated online account, or to supply the designated online account to any other person —

to commit, or to facilitate the commission by any person of, any offence under any written law; or

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.

In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), a person (X) who does an act mentioned in subsection (1)(a)(i) is presumed, until the contrary is proved, to have the intent to use or supply (as the case may be) the designated online account to commit, or to facilitate the commission by a person of, an offence under any written law, if X does the act for any gain.

A person who does an act mentioned in subsection (1)(a) does not commit an offence if, at the time the person does the act, the person has reasonable grounds to believe that the purpose of the act is to facilitate the use of, or access to, the designated online account for a lawful purpose.

For the purpose of proving whether a designated online account was used to commit, or to facilitate the commission of, an offence, it is not necessary for the prosecution to prove that a specific offence occurred.

Subject to subsection (6), a person who commits an offence under subsection (1) shall be liable on conviction —

in the case of an individual —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and

in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both; or

in any other case —

to a fine not exceeding $20,000; and

in the case of a second or subsequent conviction, to a fine not exceeding $40,000.

Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(i), the individual shall, in addition to the punishment under subsection (5)(a), be liable to caning of not more than 12 strokes if the individual intended to use the designated online account or to supply the designated online account to any other person, to commit, or to facilitate the commission by any person of, any scam offence.

For the purposes of subsection (6), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.Unlawful provision, etc., of person’s personal information for purpose of opening designated online account39GC.—

A person commits an offence if —

the person —

provides, or offers to provide, the person’s personal information to be used by another person; or

consents to, or offers to consent to, the person’s personal information being used by another person; and

the person does so knowing, or having reasonable grounds to believe —

that the person’s personal information will be used to open a designated online account; and

that the designated online account will be used —

to commit, or to facilitate the commission by any person of, any offence under any written law; or

to cause, or to facilitate the causing by any person of, wrongful gain or wrongful loss to any person.

In proceedings for an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(ii)(A), a person (X) who does an act mentioned in subsection (1)(a) is presumed, until the contrary is proved, to have reasonable grounds to believe that the designated online account will be used to commit, or to facilitate the commission by a person of, an offence under any written law, if —

X does the act for any gain; or

at the time X does the act, X fails to take reasonable steps to ascertain —

the identity and physical location of the person who uses X’s personal information to open the designated online account; or

the purpose for which the person uses X’s personal information to open the designated online account.

A person who does an act mentioned in subsection (1)(a) does not commit an offence if, at the time the person does the act, the person has reasonable grounds to believe that the purpose of the act is to facilitate the use of, or access to, the designated online account for a lawful purpose.

For the purpose of proving a person’s state of mind under subsection (1)(b), it is not necessary for the prosecution to prove that the designated online account was used to commit, or to facilitate the commission of, a specific offence.

Subject to subsection (6), a person who is guilty of an offence under subsection (1) shall be liable on conviction —

in the case of an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; or

in any other case, to a fine not exceeding $20,000.

Where an individual is convicted of an offence under subsection (1) involving the fault element mentioned in subsection (1)(b)(ii)(A), the individual shall, in addition to the punishment under subsection (5)(a), be liable to caning of not more than 12 strokes if the individual knew that the personal information will be used to open a designated online account that will be used to commit, or to facilitate the commission by any person of, any scam offence.

For the purposes of subsection (6), it is not necessary for the prosecution to prove that the commission, or facilitation of the commission, of a scam offence was carried out.Division 4 — Miscellaneous”.