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Dealing with Identification Information

Dealing with identification information is an offence under section 192J of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You dealt with identification information, and
  2. You did so intending to commit or facilitate an indictable offence

‘Dealt with’ includes making, supplying or using

‘Identification information’ is that relating to another person, whether dead or alive, real or fictitious, that is capable of being used to identify a person, whether by itself or in conjunction with other information.

It includes:

  1. A name, address, date or place of birth, marital status, relative’s identity,
  2. A driver licence or driver licence number
  3. A passport or passport number,
  4. A voice print or biometric data
  5. A credit or debit card, its number or data stored or encrypted on it,
  6. A financial account number, user name or password
  7. A digital signature
  8. Any series of numbers and/or letters intended for use as personal information, or
  9. An ABN

An ‘indictable offence’ is one that can be referred to a higher court such as the district court which generally applies to offences that carry a maximum sentence of more than 2 years in prison such as fraud, embezzlement, money laundering, larceny and most computer offences

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