Possess Equipment Capable of Being Used to Make Identification (NSW)
In New South Wales it is an offence to possess equipment (such as a printer or licence making machine) capable of being used to make identification information with the intention to commit an indictable offence. It carries a maximum penalty of 3 years imprisonment.
Section 192I of the Crimes Act 1900 defines identification information as information relating to a person (whether living or dead, real of 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 Possessing Equipment To Make Identification Information
The offence of possession of equipment etc to make identification documents or things is contained in Section 192L of the Crimes Act 1900 which states that a person who:
- possesses any equipment, material or other thing that is capable of being used to make a document or other thing containing identification information, and
- intends that the document or other thing made will be used to commit or facilitate the commission of an indictable offence is guilty of an offence.
What Actions Might Constitute Possessing Equipment To Make Identification Information?
- Possessing a number of blank cards that are intended to be used to make false bank cards;
- Possessing a card printing machine to make drivers licences.
What The Police Must Prove?
To convict a person of this offence the police must prove that the accused:
- possessed any equipment, material or other thing that is capable of being used to make a document or other thing containing identification information; and
- that the accused intended to use the document or other thing to commit or facilitate the commission of an indictable offence.
What Court Will Hear Your Matter?
Possessing equipment etc to make identification documents or things 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.
In NSW, a court can impose any of the following penalties for this charge:
- Prison Sentence
- Home Detention
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Community Corrections Orders (CCO)
- Good Behaviour Bond
- Section 10A
- Conditional Release Order (CRO)
- Section 10
If you require any legal advice in relation to possession of equipment capable of being used to make identification information or any other legal matter, call Armstrong Legal on 1300 038 223 or send us an email.