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Identity Fraud (NSW)

In New South Wales, offences relating to identity fraud are treated very seriously. Identity fraud involves the use, or attempted use, of an individual’s personal information (such as names, addresses, date of birth or bank account numbers) by another person without authorisation. Often, that person’s information is used to enable the first person to commit a crime or to obtain some financial advantage. These matters are treated so seriously by the Courts because victims of identity fraud will generally suffer long term consequences. Individuals whose identities are used fraudulently may have to explain debts incurred in their name or even find themselves accused of a crime they did not commit.

Legislation governing identity fraud offences relate to the use and possession of identification information, but also makes it an offence to possess equipment that could make identification information. The maximum penalties for such offences include terms of imprisonment of up to ten years.

The following pages outline some of the offences relating to possessing and dealing with identification information and sets out what the Police must prove to successfully prosecute you, as well as the maximum penalties for each offence. If you have been charged with an identity fraud offence, it is imperative that you seek expert legal advice promptly.

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