Possessing Identification Information

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Overview

The act of possessing identification information is considered a serious crime according to section 192K of the Crimes Act 1900 (NSW). Under this section, it is considered an offence for a person to possess identification information with the intent of committing, or aiding in the commission of, an indictable offence. This offence carries a maximum penalty of 7 years imprisonment. For the prosecution to prove this offence, they must establish the following elements beyond reasonable doubt:

You were found in possession of identification information.
Your intent was to use this information to commit a serious criminal offence.

'Identification information' refers to data connected to another person, regardless of whether they are living or deceased, real or fictional. This data can be used to ascertain a person's identity on its own or when combined with other details. This encompasses various pieces of information, such as:

Personal details like name, address, date and place of birth, marital status, and details about relatives.
Driver's license information including the license itself or its number.
Passport information or passport number.
Biometric data or voice print.
Credit or debit card details, including card numbers and encrypted data.
Financial account numbers, usernames, or passwords.
Digital signatures.
Series of numbers or letters used for personal information.
Australian Business Number (ABN).

An 'indictable offence' refers to a serious criminal offence that can be referred to a higher court, such as the District Court. These offences typically carry potential imprisonment of more than 2 years. This may include fraud, embezzlement, money laundering, theft, and certain computer-related crimes.

If you find yourself facing court proceedings for the offence of Possession of Identification Information, please reach out to KPT Defence Lawyers at (02) 9267 5555. A skilled criminal defence lawyer can provide you with an initial consultation to discuss your situation, explore your options, and guide you toward the most effective strategy for achieving a favorable outcome in your case.

Frequently Asked Questions

Click on the options below to learn the answers to frequently asked questions about Possessing Identification Information.

This charge relates to unlawfully possessing identification information, which could include personal data, identification documents, or other sensitive information used for fraudulent purposes.

Penalties may include fines and imprisonment, particularly when the possession is associated with intentions of committing fraud or identity theft.

Identity theft occurs when someone unlawfully uses another person’s personal information for fraudulent purposes. It can lead to criminal charges under fraud-related laws in NSW.

Penalties for identity theft in NSW can be significant, including fines and imprisonment, particularly when there is substantial financial harm to the victim.