Penalty for identity theft

In Victoria, identity theft is classified as an indictable offense, which means that the severity of the penalties imposed will depend on the nature and extent of the crime. The penalties can range from fines to imprisonment, depending on the circumstances of the case.

Under the Crimes Act 1958 (Vic), there are three main offences related to identity theft:

Making, using or supplying identification information

The elements of this charge are set out in s192 of the Crimes Act 1958

• An accused makes, uses or supplies identification information relating to another.
• With awareness that there is at least a substantial risk that the information is identification information.
• With intention to use or supply the information to commit or facilitate the commission of an indictable offence

If these elements, are not met, it may be possible to challenge the 192B charge.

Possession of Identification Information

The elements of this charge are set out in s192C of the Crimes Act 1958:

• An accused who possesses identification information relating to another
• With awareness that there is at least a substantial risk that the information is identification information.
• With intention to use the information to commit or facilitate the commission of an indictable offence

If these elements, are not met, it may be possible to challenge the 192C charge.

Possession of Equipment Used to Make etc. Identification Documentation

The elements of this charge are set out in s192D of the Crimes Act 1958:

• An accused who possesses equipment that is capable of being used to make, use, supply or retain identification documentation
• With intention to use or allow another to use the equipment to make, use, supply or retain identification documentation
• with intention to use the information to commit or facilitate the commission of an indictable offence

If these elements, are not met, it may be possible to challenge the 192D charge.

Consequences of Identity Theft

Identity theft is a crime that hits at the heart of a western society such as Australia. Much of the economic and financial system relies on trust, and it is difficult to enter into contracts or transactions if there are serious questions to be asked about the mechanisms used by consumers to establish identity.

Home loans for example would be impossible for banks to issue if the banks were unable to be satisfied that the applicants had work which paid a sufficient amount for a loan to be repaid. But if the banks have concerns about the mechanism used to establish identity, then how can they be sure that the applicants had a job and the ability to repay the loan?

A system of identity requires trust, and crimes involving identity theft unfortunately breach that trust in a way that strikes at the heart of society. This reality is well understood by courts, and for this reason imprisonment is a realistic prospect to expect for those accused of crimes of this nature.

In addition to imprisonment, a person convicted of identity theft may also be ordered to pay restitution to the victim, compensate the victim for any losses suffered, and be subject to a range of other conditions, such as community service or a good behavior bond.

The use of personal information or documents includes any information about the person’s identity, such as name, date of birth, address, driver’s licence number, Medicare number, or passport details. It can also include any documents that are used to verify identity, such as a driver’s licence, passport, or birth certificate.