Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.5 - Identity crime  

Division 372 - Identity fraud offences  

SECTION 372.2   Possession of identification information  

(1)    
A person (the first person ) commits an offence if:

(a) the first person possesses identification information; and

(b) the first person intends that any person (whether or not the first person) will use the identification information to engage in conduct; and

(c) the conduct referred to in paragraph (b) constitutes an offence against section 372.1 or subsection 372.1A(1) or (3) .

Penalty: Imprisonment for 3 years.

(2)    
Absolute liability applies to the paragraph (1)(c) element of the offence.

Note:

For absolute liability, see section 6.2 .

(3)    
This section applies whether or not the person to whom the identification information concerned relates consented to the possession of the identification information.

(4)    
This section does not apply to the possession of the first person ' s own identification information.