Section 192L Crimes Act 1900
Possessing Equipment to Produce Identification Information

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Possessing Equipment to Generate Identification Information is an offence under section 192L of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You possessed any equipment, material or other thing capable of making a document or other thing which contains identification information, and
  2. You intended to use that information to commit or facilitate an indictable offence.

‘Identification information’ is that which relates to another person, whether dead or alive, real or fictitious, that is capable of being used to identify a person, whether by itself or in conjunction with other information.

It includes:

  1. A name, address, date or place of birth, marital status, relative’s identity,
  2. A driver licence or driver licence number,
  3. A passport or passport number,
  4. A voice print or biometric data,
  5. A credit or debit card, its number or data stored or encrypted on it,
  6. A financial account number, user name or password,
  7. A digital signature,
  8. Any series of numbers and/or letters intended for use as personal information, or
  9. An ABN.

An ‘indictable offence’ is one that can be referred to a higher court such as the district court. This generally applies to offences that carry a maximum penalty of more than 2 years in prison and includes fraud, embezzlement, money laundering, larceny and most computer offences.

If you are going to court for the offence of Possessing Equipment to Produce Identification Information, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

The Legislation

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