❓ The Attorney General addresses concerns regarding EFTPOS skimming, highlighting the government's plan to introduce comprehensive legislation to combat identity crime, surpassing existing measures and criticising the opposition's proposed bill as outdated.
AnsweredQoN 861Legislative Assembly
QuestionView source ↗
EFTPOS MACHINE SKIMMING — PREVENTIVE LEGISLATION
I refer to the recent widespread high-profile skimming operation conducted in various outlets of a fast-food franchise, and to the Attorney’s recent announcement of this government’s intent to deal with and deter this kind of serious crime. Can the Attorney update the house on the government’s progress on this important initiative? Mr C.C. PORTER
I refer to the recent widespread high-profile skimming operation conducted in various outlets of a fast-food franchise, and to the Attorney’s recent announcement of this government’s intent to deal with and deter this kind of serious crime. Can the Attorney update the house on the government’s progress on this important initiative? Mr C.C. PORTER
AnswerView source ↗
I thank the member for his question. It is a very important issue. I thank him for his continuing interest in it. The information that we have received from the Western Australia Police with respect to the McDonald’s scam, if I can put it that way, is that it is a type of identity crime that we have not seen in this jurisdiction, certainly not to the scale that has been witnessed with McDonald’s. It appears that a chip has been inserted into EFTPOS machines. That has allowed for the transmission of the electronic information that pertains to someone’s identity such that somewhere in the world, maybe not even in this jurisdiction, individuals have been able to hack into private bank accounts and take money from them. That is an offence—simply the offence of stealing. One of the matters that have come to light in other jurisdictions is the existence of legislation to have a precursor offence to ensure that the type of equipment that allows this to occur is prohibited; that is, that it is an offence to possess the equipment that allows these sorts of offences to happen. No doubt there will be some discussion tonight of the member for Mindarie’s second attempt to try to prohibit that type of equipment. What is very interesting about this situation with respect to the member for Mindarie’s legislation—our legislation will be introduced very shortly and it will cover all the possibilities—is that it prohibits equipment that would allow someone to make identity information but not transmit it. The legislation is based on South Australian legislation that was enacted in 2003, as that was the first jurisdiction to have any sort of legislative response. Frankly, it is already out of date in terms of the criminality that we are experiencing. If this house were to pass legislation that prohibited the possession of equipment used to make identification information — Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
Mr C.C. PORTER replied: I thank the member for his question. It is a very important issue. I thank him for his continuing interest in it. The information that we have received from the Western Australia Police with respect to the McDonald’s scam, if I can put it that way, is that it is a type of identity crime that we have not seen in this jurisdiction, certainly not to the scale that has been witnessed with McDonald’s. It appears that a chip has been inserted into EFTPOS machines. That has allowed for the transmission of the electronic information that pertains to someone’s identity such that somewhere in the world, maybe not even in this jurisdiction, individuals have been able to hack into private bank accounts and take money from them. That is an offence—simply the offence of stealing. One of the matters that have come to light in other jurisdictions is the existence of legislation to have a precursor offence to ensure that the type of equipment that allows this to occur is prohibited; that is, that it is an offence to possess the equipment that allows these sorts of offences to happen. No doubt there will be some discussion tonight of the member for Mindarie’s second attempt to try to prohibit that type of equipment. What is very interesting about this situation with respect to the member for Mindarie’s legislation—our legislation will be introduced very shortly and it will cover all the possibilities—is that it prohibits equipment that would allow someone to make identity information but not transmit it. The legislation is based on South Australian legislation that was enacted in 2003, as that was the first jurisdiction to have any sort of legislative response. Frankly, it is already out of date in terms of the criminality that we are experiencing. If this house were to pass legislation that prohibited the possession of equipment used to make identification information — Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
I thank the member for his question. It is a very important issue. I thank him for his continuing interest in it. The information that we have received from the Western Australia Police with respect to the McDonald’s scam, if I can put it that way, is that it is a type of identity crime that we have not seen in this jurisdiction, certainly not to the scale that has been witnessed with McDonald’s. It appears that a chip has been inserted into EFTPOS machines. That has allowed for the transmission of the electronic information that pertains to someone’s identity such that somewhere in the world, maybe not even in this jurisdiction, individuals have been able to hack into private bank accounts and take money from them. That is an offence—simply the offence of stealing. One of the matters that have come to light in other jurisdictions is the existence of legislation to have a precursor offence to ensure that the type of equipment that allows this to occur is prohibited; that is, that it is an offence to possess the equipment that allows these sorts of offences to happen. No doubt there will be some discussion tonight of the member for Mindarie’s second attempt to try to prohibit that type of equipment. What is very interesting about this situation with respect to the member for Mindarie’s legislation—our legislation will be introduced very shortly and it will cover all the possibilities—is that it prohibits equipment that would allow someone to make identity information but not transmit it. The legislation is based on South Australian legislation that was enacted in 2003, as that was the first jurisdiction to have any sort of legislative response. Frankly, it is already out of date in terms of the criminality that we are experiencing. If this house were to pass legislation that prohibited the possession of equipment used to make identification information — Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
One of the matters that have come to light in other jurisdictions is the existence of legislation to have a precursor offence to ensure that the type of equipment that allows this to occur is prohibited; that is, that it is an offence to possess the equipment that allows these sorts of offences to happen. No doubt there will be some discussion tonight of the member for Mindarie’s second attempt to try to prohibit that type of equipment. What is very interesting about this situation with respect to the member for Mindarie’s legislation—our legislation will be introduced very shortly and it will cover all the possibilities—is that it prohibits equipment that would allow someone to make identity information but not transmit it. The legislation is based on South Australian legislation that was enacted in 2003, as that was the first jurisdiction to have any sort of legislative response. Frankly, it is already out of date in terms of the criminality that we are experiencing. If this house were to pass legislation that prohibited the possession of equipment used to make identification information — Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
Mr C.C. PORTER replied: I thank the member for his question. It is a very important issue. I thank him for his continuing interest in it. The information that we have received from the Western Australia Police with respect to the McDonald’s scam, if I can put it that way, is that it is a type of identity crime that we have not seen in this jurisdiction, certainly not to the scale that has been witnessed with McDonald’s. It appears that a chip has been inserted into EFTPOS machines. That has allowed for the transmission of the electronic information that pertains to someone’s identity such that somewhere in the world, maybe not even in this jurisdiction, individuals have been able to hack into private bank accounts and take money from them. That is an offence—simply the offence of stealing. One of the matters that have come to light in other jurisdictions is the existence of legislation to have a precursor offence to ensure that the type of equipment that allows this to occur is prohibited; that is, that it is an offence to possess the equipment that allows these sorts of offences to happen. No doubt there will be some discussion tonight of the member for Mindarie’s second attempt to try to prohibit that type of equipment. What is very interesting about this situation with respect to the member for Mindarie’s legislation—our legislation will be introduced very shortly and it will cover all the possibilities—is that it prohibits equipment that would allow someone to make identity information but not transmit it. The legislation is based on South Australian legislation that was enacted in 2003, as that was the first jurisdiction to have any sort of legislative response. Frankly, it is already out of date in terms of the criminality that we are experiencing. If this house were to pass legislation that prohibited the possession of equipment used to make identification information — Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
I thank the member for his question. It is a very important issue. I thank him for his continuing interest in it. The information that we have received from the Western Australia Police with respect to the McDonald’s scam, if I can put it that way, is that it is a type of identity crime that we have not seen in this jurisdiction, certainly not to the scale that has been witnessed with McDonald’s. It appears that a chip has been inserted into EFTPOS machines. That has allowed for the transmission of the electronic information that pertains to someone’s identity such that somewhere in the world, maybe not even in this jurisdiction, individuals have been able to hack into private bank accounts and take money from them. That is an offence—simply the offence of stealing. One of the matters that have come to light in other jurisdictions is the existence of legislation to have a precursor offence to ensure that the type of equipment that allows this to occur is prohibited; that is, that it is an offence to possess the equipment that allows these sorts of offences to happen. No doubt there will be some discussion tonight of the member for Mindarie’s second attempt to try to prohibit that type of equipment. What is very interesting about this situation with respect to the member for Mindarie’s legislation—our legislation will be introduced very shortly and it will cover all the possibilities—is that it prohibits equipment that would allow someone to make identity information but not transmit it. The legislation is based on South Australian legislation that was enacted in 2003, as that was the first jurisdiction to have any sort of legislative response. Frankly, it is already out of date in terms of the criminality that we are experiencing. If this house were to pass legislation that prohibited the possession of equipment used to make identification information — Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
One of the matters that have come to light in other jurisdictions is the existence of legislation to have a precursor offence to ensure that the type of equipment that allows this to occur is prohibited; that is, that it is an offence to possess the equipment that allows these sorts of offences to happen. No doubt there will be some discussion tonight of the member for Mindarie’s second attempt to try to prohibit that type of equipment. What is very interesting about this situation with respect to the member for Mindarie’s legislation—our legislation will be introduced very shortly and it will cover all the possibilities—is that it prohibits equipment that would allow someone to make identity information but not transmit it. The legislation is based on South Australian legislation that was enacted in 2003, as that was the first jurisdiction to have any sort of legislative response. Frankly, it is already out of date in terms of the criminality that we are experiencing. If this house were to pass legislation that prohibited the possession of equipment used to make identification information — Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
Ms M.M. Quirk : It is better than nothing. Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
Mr C.C. PORTER : It is actually not much better than nothing. All the money stolen from accounts of Western Australians through this McDonald’s scam would not be covered by prohibiting the possession of the equipment that was used to allow that to occur. The opposition has brought a bill to this house that prohibits the possession of equipment used to make identification information, but, frankly, it is so 2003. What happened there was that individuals were using cameras and skimming devices over ATMs to make credit cards. The legislation that the opposition has brought forward will certainly prohibit the possession of equipment that allows that to occur, as ours will, but ours will go a step further to ensure that the type of equipment used in the McDonald’s scam, which transmits the information without creating the identification information, would also be prohibited. Very shortly members will see comprehensive legislation brought in, not long after the first year of this government’s time in office, keeping in mind that South Australia had legislation in place in 2003. Whilst the government is bringing its legislation in after a year, five years since the first jurisdiction legislated, absolutely nothing whatsoever occurred while the Labor Party was in government. Very shortly members will see comprehensive legislation to deal with this issue.
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