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Possessing Identification Information

Possessing identification information is an offence under section 372.2 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:

  1. You possessed identification information
  2. You intended that a person, whether you or someone else, would use the information to engage in conduct, and
  3. That conduct would amount to an offence under:
    1. Section 372.1 – dealing with identification information
    2. section 372.1A(1) – dealing with identification information using a carriage service, or
    3. Section 372.1A(3) – dealing with identification information obtained using a carriage service.

‘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:

  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, and
  9. An ABN.

You may be found guilty even if:

  1. Committing the intended offence was impossible
  2. The intended offence was to be committed at a later time, or
  3. The person to whom the identification information related consented to its use.

Duress and necessity are defences to the charge.

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