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Possessing Equipment to Generate Identification Information is an offence under section 192L of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Identification information’ is that which relates 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:
An ‘indictable offence’ is one that can be referred to a higher court such as the district court. This generally applies to offences that carry a maximum penalty of more than 2 years in prison and includes fraud, embezzlement, money laundering, larceny and most computer offences.
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