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

  • ★★★★★

    Extremely informative and responsive

    Mariecar represented me and I felt that she was extremely informative and responsive providing insight…

  • ★★★★★

    Very helpful and professional

    Kent Park very helpful and professional. Thanks.

  • ★★★★★

    Non-conviction which was the outcome we hoped for

    I had Fred Cao represent me. He was Completely organised, professional, and good quality advice…

  • ★★★★★

    My case was dismissed on the first occasion

    Salam best lawyer. My case was dismissed on the first occasion. Would recommend.

Going to Court? Call For Your Free First Appointment