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:
‘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.
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
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