This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Dealing With Identity Information (NSW)
In NSW dealing with identity information is an offence which is committed when a person possesses, makes, uses or otherwise deals with the identity information of another person, with the intention of committing an offence such as fraud. The offence of dealing with identity information carries a maximum penalty of 10 years imprisonment.
Definitions
Deal in identification is defined in Section 192I of the Crimes Act 1900 and includes making, supplying or using any such information. 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.
The Offence Of Dealing With Identity Information
The offence of dealing with identity information is contained in Section 192J of the Crimes Act 1900 (NSW) which states that a person who deals in identification with the intention of committing, or of facilitating the commission of an indictable offence is guilty of an offence.
What Actions Constitute Dealing With Identity Information?
The following actions may give rise to a charge:
- Copying someone’s passport for the intention of obtaining a loan in that person’s name;
- Selling false proof of age documents to minors.
What The Police Must Prove
To convict a person of dealing with identity information the police must prove that:
- the accused dealt with identification information; and
- did so with the intention to commit an indictable offence or facilitate the commission of an indictable offence.
Possible Defences
It is possible to defend this charge by:
- arguing that you did not deal with identification information;
- arguing that you had a legitimate reason for dealing with identification information;
- arguing that you did not have the intention to commit an indictable offence or facilitate the commission of an indictable offence.
What Court Will Hear Your Matter?
Dealing with identity information is an indictable offence and will be finalised in the Local Court unless an election is made for the matter to be finalised in the District Court. .
If you require any legal advice in relation to dealing with identity information or any other legal matter, call Armstrong Legal on 1300 038 223 or send us an email.