Conceptualising Identity.

This paper examines the legal nature of identity and identification in the context of transactions, considering recent developments in the United Kingdom and Australia. Identity and identification have not previously been analysed in this context, from a legal perspective. The composition and legal function of identity are considered, having regard to legislative changes in both countries. In particular, the concept of identity under the United Kingdom Identity Cards Act 2005 c 15 (UK) is compared to the concept of identity developing under Australian legislation. The distinction between that concept of identity and identification of an individual is considered and the legal nature and role of identity for transactional purposes is analysed. Overall, the paper challenges the assumption that the United Kingdom and Australian legislation are merely establishing an evidentiary standard for identification of individuals for transactional purposes, and asserts that identity is emerging as a distinct, new legal concept. A framework is presented for conceptualising identity in this context from a legal perspective, and the major ramifications of the new concept are outlined. [ABSTRACT FROM AUTHOR]