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Section 403 – Identity Fraud (Formerly Personation)

403 (1) Everyone commits an offence who fraudulently personates another person, living or dead,

  • (a) with intent to gain advantage for themselves or another person;
  • (b) with intent to obtain any property or an interest in any property;
  • (c) with intent to cause disadvantage to the person being personated or another person; or
  • (d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.



(2) For the purposes of subsection (1), personating a person includes pretending to be the person or using the person’s identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it.


Dual Offence – Max 10 years


Essential Elements: