Using False Identification Information at Constitutional Airports

Using false identification information at constitutional airports is an offence under section 376.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 months in prison.

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

1. You used information at a place
2. The place was a constitutional airport
3. The information was identification information
4. The information was false in relation to you, and
5. You were reckless as to whether the information was used to identify you as a passenger on a flight.

A ‘constitutional airport’ is:

1. A Commonwealth aerodrome within the meaning of the Crimes (Aviation) Act 1991, or
2. An airport in Australian territory.

‘Identification information’ is that which relates to a person, whether dead or alive, real or fictitious, that is capable of being used to identify the 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.

Identification information is false if it is false in a material particular that affects the capacity of the information to be used, whether by itself or with other information or documents to identify you.

You were ‘reckless’ if you were aware there was a substantial risk that the identification information would be used to identify you as a passenger on a flight, and it was unjustifiable to take that risk in the circumstances, but you went ahead with your actions regardless.

Duress and necessity are defences to the charge.