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.