There is no single Queensland offence called credit card fraud. Using someone else’s card or details is charged under other offences, and the exact charge matters. Talk to Joseph Rahim about yours.
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Card fraud is usually charged under one or both of these Criminal Code Act 1899 (Qld) offences.
Dishonestly obtaining property, gaining a benefit, or causing a loss. Using a card you are not entitled to use can fall within this.
Obtaining or dealing with another person’s identification information to commit, or help commit, an indictable offence. That information includes financial account numbers, usernames and passwords, and data stored on a credit or debit card.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
For the identification information offence, “obtaining” includes possessing or making the information.
For the identification information offence, it does not matter whether the other person consented.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Not by that name. It is usually charged as fraud, or as obtaining or dealing with identification information.
A fraud charge turns largely on whether you were entitled to use it. Get advice on the exact charge you face.
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0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
