- Sections 144.1, 145.1 and 145.2 each carry up to 10 years’ imprisonment, but only where the false document is aimed at a Commonwealth public official or a Commonwealth entity.
- Section 372.1 (dealing in identification information) and s 372.1A (the same, using a carriage service) carry up to 5 years; s 372.2 and s 372.3 carry up to 3 years.
- These are maximums. We read the text on 5 October 2026 and quote ceilings only.
Who decides: Commonwealth or state
People ask whether a fake ID is illegal as if there were one law. There are several. Most identity documents carried in daily life, including driver licences, are state or territory documents, and misusing them is mostly dealt with under state and territory criminal law. We have not read those laws, so this page says nothing about their penalties. What we did read is the Commonwealth Criminal Code Act 1995, which reaches fake identity documents in two ways: through its forgery provisions, when the false document is used against the Commonwealth, and through its identity-crime provisions, when identification information is used to commit a serious offence.
Forgery and false documents (Chapter 7)
| Section | What it covers | Ceiling |
|---|---|---|
| 144.1 Forgery | Making a false document intending it to be used to dishonestly induce a Commonwealth public official to accept it as genuine, or to make a computer or machine of a Commonwealth entity respond as if it were genuine, in order to obtain a gain, cause a loss or influence a public duty | 10 years |
| 145.1 Using forged document | Knowing a document is false and using it with the same intention | 10 years |
| 145.2 Possession of forged document | Knowing a document is false and having it with the same intention | 10 years |
| 145.4 Falsification of documents | Dishonestly damaging, destroying, altering, concealing or falsifying a document kept or issued for Commonwealth law or held by a Commonwealth entity, to get a gain or cause a loss | 7 years |
Notice what these sections are not. They do not make carrying a fake card a federal offence by itself. Each one needs intention aimed at a Commonwealth official, entity or computer, and dishonesty. A fake passport shown at the border or a forged certificate lodged with a Commonwealth agency fits. A fake licence shown to a bartender, in itself, belongs to state law.
Identity crime (Division 372)
This is where most fake-ID conduct meets federal law. Division 370 defines the terms: “deal” includes make, supply or use, and “identification documentation” means any document or thing that contains identification information and could be used to pretend to be another person, whether living, dead, real or fictitious.
| Section | What it covers | Ceiling |
|---|---|---|
| 372.1 Dealing in identification information | Dealing in it, intending that someone use it to pretend to be, or pass themselves off as, another person to commit or facilitate a Commonwealth indictable offence | 5 years |
| 372.1A Using a carriage service | The same dealing done using a phone or the internet, where the intended offence is indictable under Commonwealth, state or territory law; also obtaining the information using a carriage service | 5 years (subsection 1) |
| 372.2 Possession of identification information | Possessing it intending it to be used in conduct that would offend s 372.1 or 372.1A | 3 years |
| 372.3 Possession of equipment | Possessing equipment intending it to be used to make identification documentation for that conduct | 3 years |
Two details matter in practice. Section 372.1 applies whether or not the person the information relates to consented. And it does not apply to dealing in your own identification information, so a person who uses only their own details is outside it. Section 372.1A is wider than 372.1 because the intended offence can be a state or territory one, which is why the carriage service version is the one that catches online fake-ID sales.
The side of the victim
Division 375 gives victims something unusual: a magistrate can issue a certificate if satisfied, on the balance of probabilities, that someone dealt in the victim’s identification information to commit or facilitate a Commonwealth indictable offence, and that the certificate may assist with problems caused to the victim’s personal or business affairs. The certificate must describe the dealing and must not identify the dealer. Ask IDCARE or a lawyer whether it fits your case; our page on recovering from identity theft explains where IDCARE fits.
What we do not claim
We do not say what penalty anyone would receive. A ceiling is the most a court may impose, not a typical result. We have also not read the state and territory forgery and fraud statutes, or the road transport laws, so a person asking whether a particular card is illegal in their state should ask the state agency or a lawyer.
Frequently asked questions
Is it illegal to have a fake ID in Australia?
It depends on intent and on the document. Federal law targets using or possessing a false document to dishonestly deal with a Commonwealth official or entity (up to 10 years) and dealing in identification information to commit an offence (up to 5 years). State laws also apply and we have not read them.
What is the penalty for using a fake ID?
There is no single penalty. The Criminal Code sets ceilings by section, for example 10 years under s 145.1 and 5 years under s 372.1, but these are maximums, not typical sentences. State offences carry their own penalties.
Is using someone else’s identity a crime?
Section 372.1 covers dealing in another person’s identification information to pretend to be them for an indictable offence, whether or not they consented. It does not apply to a person using only their own details.
Does the law cover fake IDs bought online?
Section 372.1A covers dealing in identification information using a carriage service, such as the internet or a phone, where the intended offence is indictable under Commonwealth, state or territory law. Up to 5 years under subsection 1.
Can a victim of identity crime get a certificate?
Yes. Under s 375.1 a magistrate may issue a certificate to a victim if satisfied on the balance of probabilities that their identification information was dealt in to commit a Commonwealth indictable offence and the certificate may help with problems it caused.
Where is the Criminal Code text?
On the Federal Register of Legislation, as the Criminal Code Act 1995. We read the compilation current from 30 June 2026.