What are the Penalties of Using a Fake ID?

The Rise of Fake ID Usage

The use of fake IDs is becoming an increasingly significant issue, fueled by advancements in technology. Underground markets now produce highly realistic counterfeit IDs and selling them for as little as $60.

New findings by the Centre of Forensic Science at the University of Technology Sydney (UTS) indicate that Australian documents are some of the most common products listed for sale on the dark web.

Historically, fake ID usage was categorised under general fraud or forgery offences. However, the increasing prevalence and complexity of such cases have led to identity fraud being recognised as a distinct legal category.

Fake IDs and Underage Drinking

Fake IDs are often sought out for various reasons, but one of the most common is to purchase alcohol or access venues restricted to adults. While there are numerous websites offering so-called ‘reputable’ fake IDs at attractive prices, it’s essential to steer clear of these entirely.

Many of these sites advertise their products as being for ‘novelty use only’ and require purchasers to agree not to use them fraudulently. However, this disclaimer does not absolve buyers of responsibility or protect them from legal consequences if the IDs are misused.

It’s important to note that while using a fake ID to buy alcohol or enter a drinking venue is unlikely to result in jail time, it can still lead to hefty fines and other penalties. Depending on the jurisdiction, consequences may include confiscation of the ID, bans from certain venues, or even a mark on your record that could impact future opportunities.

The risks simply outweigh the benefits. Rather than jeopardising your finances, reputation, and future, it’s always better to wait until you’re of legal age to enjoy these privileges responsibly.

Penalties Under the NSW Liquor Act

While you can’t go to jail for using a false ID to buy alcohol or get into a drinking venue, you can get a rather large fine.

Under section 129 of the NSW Liquor Act, a minor who uses use false evidence of their age in order to buy alcohol faces fines up to $2,200.

This penalty applies to using false ID to gain entry or remain inside a licensed venue.

The licencee or their staff can take your ID if they think it is fake and can pass it along to police for inspection.

Another penalty you can get if you are caught using a fake ID is an extension of your provisional licence for an extra 6 months.

Police Powers Regarding Fake ID Use

If police suspect someone is using a fake ID, they have the right to require that person to state their name, address and date of birth.

They can also ask for ID which shows your date of birth which you can provide on the spot, or later at the police station within a reasonable amount of time.

But fake ID can also be used for other, more sinister purposes.

They are much more serious than using a fake ID at a bottle shop and can come with a considerable prison sentence.

Identity Fraud and Financial Crimes

Some people use fake ID (or steal the ID of a real person) to apply for credit cards or bank accounts, apply for driver licences, passports or mobile phones.

Identity fraud costs Australians billions of dollars.

They can have negative impacts on victims and the community over and above the direct financial cost.

As mentioned earlier, using false identification is no longer confined to general fraud offences, which require a person to gain a financial advantage, property or cause a financial disadvantage.

Using fake ID will not necessarily always have these consequences (although sometimes it may), so it is now dealt with under separate legislation.

New offences have been created in recent years in order to make sure that these kinds of crimes can be prosecuted regardless of any actual gain or loss.

In particular, section 192K of the Crimes Act outlines that even possession of identification information such as a name or address, place of birth, drivers’ licence, passport number or credit card, with the intent of using it to commit an indictable offence is a crime. This offence carries a maximum penalty of 7 years imprisonment.

It doesn’t matter whether the information belongs to a real person (whether alive or dead) or an entirely fictitious one.

Dealing in this kind of information with the same intention comes can be punishable by up to 10 years imprisonment.

Section 192L of the Crimes Act outlines that a person found in possession of equipment or materials that can be used to contain identification information with the intention to commit an indictable offence can be imprisoned for three years.

Under s 73.9 of the Criminal Code Act, Commonwealth penalties for knowingly making, providing or possession of a false travel or identity document are 10 years in prison and/or a $110,000 fine.

If you have been charged with an offence relating to a false identity the consequences could be severe and it is best to get legal advice immediately.