Posession of identification information


Section 192K.

This is the most common identity fraud offence that the police charge people with. Most credit card fraud and ATM fraud will be captured by this offence.

The offence of possession of identification information came into force on 22 February 2010. The offence carries a maximum penalty of seven years imprisonment.

In short, the offence is committed by a person who possesses identification information with intention of committing 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 identification information; and
  • The accused did so with the intention of committing an indictable offence.

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 card or debit card, its number or data stored or encrypted on it (Used in ATM fraud, Credit card fraud and internet fraud),
  • 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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