Why do some people use a fake ID? To get into a bar for a fun night out? Get alcohol from a store since getting into a pub failed? While these acts are illegal, they may not sound as major as people who use fake IDs for bigger and heinous crimes.
As opposed to legitimate IDs, a fake ID generally means an identification document that has been created illegally or altered in any way. For example, fake IDs may make you look older or younger, or using an ID that does not actually belong to you. Offenders offer fake IDs to prove identification.
The use of fake IDs to perpetuate crime continues to increase along with the rise in technology. Many people sell fake IDs online (even with blatant and brazen advertising); others buy fake IDs online and have fake IDs produced with fake identification instruments.
So, if you are a business owner, a security personnel, or the CEO of a company, you may want to know how to spot potential fake IDs of people you may encounter.
Laws and Penalties for Fake Identification in 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 of facilitating the commission of, an indictable offence. The maximum penalty for possessing identification information or a fake ID 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) that is capable of being used to identify or purportedly identify the person, and 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,
- Voice print,
- Credit or debit card, its number or data stored or encrypted on it,
- Financial account number, username 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
To “deal” with identification information includes making, supplying or using any such information. This is by far the worst form of this offence since you are the one supplying people with fake IDs.
Section 192J of the Crimes Act 1900 punishes offenders who deal with identification information with the intention of committing, or of 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, this offence carries a bigger maximum penalty for dealing with a fake ID, which is 10 years’ imprisonment.
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 of being used 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 are commonly associated with other offences such as fraud charges. For instance, an offender uses a fake ID to make fraudulent transactions at banks. The fake identification will then be used to withdraw funds from legitimate bank accounts and transfer them to another account.
Driving With A Fake ID
People often obtain a fake driver’s licence so they can drive while disqualified, or while their licence is cancelled. However, this is where the Road Transport Act 2013 can stop them in their tracks. Under Section 51 of the Act, it is an offence to alter a driver’s licence or present an altered driver’s licence, with the intention to deceive. Section 51(3) also states that a person must not:
- Forge a driver’s licence,
- Fraudulently alter or use a driver’s licence, or
- Fraudulently lend, or allow another person to use, a driver’s licence.
The penalty for this offence can be as high as a $2,200 fine.
Buying Alcohol With A Fake ID
Under Section 129 of the Liquor Act 2007 (NSW), a person under 18 years of age 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 also a $2,200 fine.
Additionally, under Section 128 of the Liquor Act 2007, if an authorised person suspects that 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 an 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.
What Are Acceptable Identification Documents?
Here are valid identification documents from the Department of Home Affairs. We have split them into three categories. Depending on your circumstances, each ID will cater to a specific use.
| Start of Identity Documents | Link Between the Identity and the Person | Use of Identity in a Community |
| 1. Australian birth certificate (not a commemorative certificate) 2. Australian citizenship certificates 3. Australian citizenship by descent extract 4. ImmiCard (current or expired) 5. Australian visa (with foreign passport) 6. Australian protection visa (with Australian convention travel document) | 1. Passport (Australian or foreign) 2. Australian driver licence or learner permit, or foreign driver licence 3. Australian proof of age card 4. Embassy/consulate photo identity card 5. Adult firearms or shooter’s licence 6. Industry licence 7. Police identification card 8. Australian security licence or crowd controller licence 9. Working with children/vulnerable people card | 1. Medicare card 2. Marriage certificate or similar 3. ASIC or MSIC 4. Government-issued identity document 5. Australian pay slip or PAYG summary (less than six months old and includes company details) 6. Employment contract (includes company details) 7. Reference or confirmation of identity from an Aboriginal and/or Torres Strait Islander organisation 8. Australian tertiary student identity card 9. Academic transcript (Australian or reputable foreign institution) 10. Trade certificate issued by a recognised body 11. Bank card, credit card or ATM card |
Confiscation of Fake IDs
Offenders should not expect the police or security will just let fake ID users get away with a warning. Police can confiscate fake IDs during stops or investigations. Even bouncers or staff members in an establishment can confiscate fake IDs. Offenders must comply to such people and hand it over to them for further processing. Further resistance may lead to additional penalties.
Our Lawyers’ Expertise on Criminal Law Matters
The use of fake IDs means you do not respect the safety and security of many procedures. Most of all, criminals who use such IDs have the intention to commit crimes like fraud and financial crimes. Now, you may be facing criminal charges of identity offences such as dealing with or possessing false identification information.
We at JB Solicitors will help represent you in court in case you are found guilty of using fake IDs. We can help lessen the blow of penalties or prison time associated with such crimes. Our team can also help you file a case against people using fake IDs.
We have a team of lawyers highly experienced in criminal cases. So, you can trust us when we handle fake ID cases like we do with any other legal matter.
Do you have any more queries? Contact us today.
