What is a fake ID? As opposed to legitimate IDs, a fake ID card is an identification document created illegally or altered in any way. For example, fake IDs are made to make you look older or younger. Fake ID is also any ID that does not belong to you. Offenders may offer fake IDs to prove identification.
The use of fake IDs to perpetuate crime continues to increase with the rise of advanced technology. Many people sell fake IDs online; others buy fake IDs online and have fake IDs produced with fake identification instruments. The use of false identification is recognised as its category of an offence separate from fraud.
Part 4B of the Crimes Act 1900 (NSW) governs laws on identity offences in New South Wales (NSW). This article discusses matters about fake IDs.
Laws for Using an Australian Fake ID NSW
Possession of Identification Information
Under Section 192K of the Crimes Act 1900, a person commits a criminal offence when they possess identification information intending to commit or facilitate the commission of an indictable offence. The maximum penalty for possessing identification information or a fake ID according to the law is 7 years imprisonment.
Under Section 192I, “identification information” means information relating to a person. Whether living or dead, real or fictitious, or an individual or body corporate, this is the case. Additionally, a person can use this information (whether alone or in conjunction with other information) to identify or purportedly identify the person. This includes the following:
- Name or address,
- Date or place of birth, marital status, relative’s identity, or similar information,
- Driver’s licence or driver’s licence number,
- Passport or passport number,
- Biometric data,
- Voiceprint,
- Credit or debit card, its number or data stored or encrypted on it,
- Financial account number, user name or password,
- Digital signature,
- Series of numbers or letters (or both) intended for use as a means of personal identification, and
- An Australian Business Number (ABN).
Dealing with Identification Information
Section 192J of the Crimes Act 1900 punishes offenders dealing with identification information with the intention of committing or facilitating the commission of an indictable offence. An indictable offence is any offence that carries a maximum penalty of at least 5 years imprisonment. Under this section, the maximum penalty for dealing with a fake ID is 10 years imprisonment.
To “deal“ with identification information includes:
- making
- supplying or
- using any such information.
Possession of Equipment To Make Identification Documents or Things
Under Section 192L of the Crimes Act 1900, a person is guilty of an offence if they:
- Possess any equipment, material, or other thing that is capable to make a document or other thing containing identification information, and
- Intend that the document or other thing made will be used to commit, or to facilitate the commission of, an indictable offence.
The maximum penalty for this offence is 3 years imprisonment. It is significant to note that a key element of these criminal offences under the Crimes Act is that the prosecution must prove that the offender intended to commit, or assist with, the commission of an indictable offence.
Hence, these offences commonly associate with other offences such as fraud charges. For instance, an offender uses a fake ID to make fraudulent transactions at banks. Such an offender will withdraw funds from legitimate bank accounts and transfer them to another account using the fake ID.
What is the Penalty for Using a Fake ID?
The penalties for identity offences vary depending on the type of offence that was committed. For instance, offences covered under Section 192J and Section 192K of the Crimes Act 1900 carry terms of imprisonment of 10 years and 7 years, respectively.
In addition, there are other identity offences that a person can receive a charge for, apart from those contained in the Crimes Act 1900. They carry different penalties from the ones contained in the Crimes Act 1900. We have outlined offences related to using a fake ID below.
Driving With A Fake ID
People often obtain a fake driver’s licence so they can drive while authorities have disqualified or cancelled their licence. Under Section 51 of the Road Transport Act 2013 (NSW), a person commits a criminal offence when they alter a driver’s licence, or present an altered driver’s licence, with the intention to deceive.
The fine for this offence can be as high as $2,200. Section 51(3) also states that a person must not:
- forge a driver licence,
- fraudulently alter or use a driver licence, or
- fraudulently lend, or allow another person to use, a driver’s licence.
Buying Alcohol With A Fake ID
Under Section 129 of the Liquor Act 2007 (NSW), a person under 18 commits a criminal offence if they use a fake ID to purchase alcohol. This offence also applies to minors who use false identification documents to gain entry into alcohol-licensed premises such as clubs or pubs. The maximum penalty for using a fake ID to purchase alcohol is a $2,200 fine.
Additionally, under Section 128 of the Liquor Act 2007, if an authorised person suspects a person is a minor, they can ask for relevant details to confirm their identity and age.
Authorised persons include a licensee, inspector, or police officer. If a person is asked to provide identity information, it is a criminal offence if the suspected minor:
- Refuses or fails to state his or her full name, residential address, and date of birth, or
- Without reasonable excuse, refuses or fails to produce evidence of age document that may reasonably be accepted as applying to the person.
Suspected minors who fail to comply can face a fine of up to $2,200.
Seeking Legal Advice About Australian Fake IDs
You may be facing criminal charges of identity offences such as dealing with or possessing false identification information. It is highly advisable to seek legal services as soon as possible.
JB Solicitors has a leading team of lawyers highly experienced in criminal cases. We offer legal services such as legal advice and representation should the matter escalate to court.
Do you have any more queries? Contact us today.
