Possession of equipment etc to make identification documents or things

Offence title:

Possession of equipment etc to make identification documents or things

Act:

192L Crimes Act (NSW)

Offence:

A person who—

(a)   possesses any equipment, material or other thing that is capable of being used to make a document or other thing containing identification information, and

(b)   intends that the document or other thing made will be used to commit, or to facilitate the commission of, an indictable offence,

is guilty of an offence.

Penalty:

Imprisonment for 3 years

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

·       A person obtains blank driving licences intending to make them to order and sell for profit; or

·       A person obtains credit card blanks and intends to make them to sell to order; or

·       A person obtains the necessary equipment to press credit cards and upload skimmed information to them and then sell them.

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.