The repeal of s 29D of the Crimes Act 1914 (Cth) and its replacement by s 135.1 of the Criminal Code Act 1995 (Cth) does not constitute a change in legislative policy toward the seriousness of fraud involving deception, because such conduct could be charged under s 134.1 of the Code which carries the same maximum penalty of 10 years. A sentencing judge's failure to have regard to a legislative change reducing the maximum penalty for a successor offence is not an error; it is a matter to which a judge may, but need not, have regard. An effective non-parole period of 2 years 8 months for social security fraud of $203,669 over 28 years involving a false identity is within the range of appropriate sentences.
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