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Dealing with identification information

Offence title:

 

Dealing with identification information

Act:

 

192J Crimes Act (NSW)

Offence:

A person who deals in identification information with the intention of committing, or of facilitating the commission of, an indictable offence is guilty of an offence.

 

Penalty:

 

Imprisonment for 10 years

Summary/Indictable/mixed:

 

Mixed

Jurisdiction:

 

Local, District or Supreme Court

How committed:

 

·       A person sells false driving licences for others to use as they will; or

·       A person sells a database of personal information; or

·       A person sells medical records.

Important note:

Ø  deal in identification information includes make, supply or use any such information.

 

Ø  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)   a name or address,

(b)   a date or place of birth, marital status, relative’s identity or similar information,

(c)    a driver licence or driver licence number,

(d)   a passport or passport number,

(e)   biometric data,

(f)    a voice print,

(g)   a credit or debit card, its number or data stored or encrypted on it,

(h)   a financial account number, username or password,

(i)     a digital signature,

(j)     a series of numbers or letters (or both) intended for use as a means of personal identification,

(k)   an ABN.

 

Ø  It is not an offence known to law to “attempt” this offence.

 

Ø  You can be guilty if you intend to commit the offence later in time.

 

Ø  A court can issue a certificate to a victim of this offence to assist them in re-establishing their identity.

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