Going to Court? Book Your Free First Appointment

Possessing Identification Information

Possessing identification information is an offence under section 192K of the Crimes Act 1900 which carries a maximum penalty of 7 years in prison

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

  1. You possessed identification information, and
  2. You intended to use that information to commit an indictable offence

‘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

What Our Clients Say SEE ALL

  • ★★★★★

    Insightful, responsive and exhibited empathy

    SCL provided excellent service. Their lawyer Kent P was insightful, responsive and exhibited empathy.

  • ★★★★★

    Went above and beyond to ensure I got the result I could have only wished for!

    The level of professionalism shown by Tuan Phan was amazing! I had looked around at…

  • ★★★★★

    Always there when our family needs them

    Criminal law group best going around always there when our family needs them. We appreciate…

  • ★★★★★

    Delivered more than what I had expected

    Tuan my Lawyer delivered more than what I had expected and the outcome was more…

Going to Court? Call For Your Free First Appointment