Possess equipment capable of being used to make identification


Section 192L.

The offence of possessing equipment capable of being used to making identification information with intention to commit an indictable offence is the least serious of the three identity fraud offences that came into force on 22 February 2010.

In short the offence is committed by a person who possesses equipment that is capable of making identification information documents (passports, licences, etc) with an intention to use the documents to commit an indictable offence. An indictable offence is a serious offence that is capable of being dealt with in the first instance in the District Court. Most fraud offences are indictable offences.

What the police must prove

  • The accused possessed equipment capable of making a document containing identification information; and
  • The accused intended to use the document made to commit an indictable offence.

Maximum penalty

The maximum penalty for this new offence is 3 years.

Relevant definitions

“Identification information” means information relating to a person (whether living or dead, real or fictitious, or an individual or body corporate) that is capable of being used (whether alone or in conjunction with other information) to identify or purportedly identify the person, and includes the following:

  • a name or address,
  • a date or place of birth, marital status, relative’s identity or similar information,
  • a driver licence or driver licence number,
  • a passport or passport number,
  • biometric data,
  • a voice print,
  • 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,
  • a series of numbers or letters (or both) intended for use as a means of personal identification,
  • an ABN.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.

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