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:
- You possessed identification information, and
- 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:
- A name, address, date or place of birth, marital status, relative’s identity,
- A driver licence or driver licence number
- A passport or passport number,
- A voice print or biometric data
- A credit or debit card, its number or data stored or encrypted on it,
- A financial account number, user name or password
- A digital signature
- Any series of numbers and/or letters intended for use as personal information, or
- 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
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