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Possessing equipment used to make identification information is an offence under section 372.3 of the Criminal Code Act 1995 (Cth), 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:
‘Dealt with’ includes making, supplying or using.
A ‘carriage service’ is:
‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media sites.
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