Identity crime is a growing concern across Australia, and New South Wales (NSW) treats these offences with significant seriousness under the law. Misusing another person’s identifying information—whether to commit fraud, impersonate someone, or facilitate other crimes—can result in harsh penalties, including imprisonment and substantial fines.

Key Identity Offences Under NSW Law

The Crimes Act 1900 (NSW) outlines several specific identity-related offences:

Dealing with Identification Information – Section 192J

This offence involves dealing with identification information with the intent to commit, or assist in committing, an indictable offence. “Dealing” can include making, using, or distributing the information.
Maximum penalty: 10 years’ imprisonment.

Possession of Identification Information – Section 192K

Possessing identity information with the intent to use it unlawfully is also a criminal offence.
Maximum penalty: 7 years’ imprisonment.

Possession of Equipment to Produce Identification Documents – Section 192L

It is illegal to possess equipment or materials capable of producing identity documents with criminal intent.
Maximum penalty: 3 years’ imprisonment.

Impersonation

Falsely representing oneself as another person, especially to gain a benefit or cause harm, is also prohibited under NSW law.

What Is Considered Identification Information?

Identification information includes:

• Full names, addresses, and dates of birth
• Driver’s licences and passport numbers
• Biometric data (e.g., fingerprints, facial recognition)
• Voiceprints
• Credit or debit card details
• Bank account numbers, usernames, and passwords
• Digital signatures
• Australian Business Numbers (ABNs)
• Any unique code or identifier used for personal identification

Penalties

Possible Defences

Lack of Intention

The accused may argue there was no intent to use the information for criminal purposes—for example, merely possessing identity data without using it.

Legitimate Use

If the identity data was accessed lawfully—for instance, during the course of employment or with permission from the individual—this may constitute a valid defence.

Mistake of Fact

A defence may be available if the accused genuinely and reasonably believed the information was lawful or not stolen.

Duress

If the accused acted under threat of serious harm or coercion, they may raise a defence of duress.

Reasonable Belief

A defence may be made if the individual had a reasonable belief that they were acting within the law or using valid information.

Statutory Limitation Periods

If charges are not laid within a certain legal timeframe, the accused may be able to avoid prosecution.

Legal Considerations

• Burden of Proof: While the prosecution must prove guilt beyond a reasonable doubt, the accused must provide evidence to support any defences raised.
• Offence-Specific Defences: The applicable defence may vary depending on the specific charge.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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