What action must you take if you are presented with a falsified proof of age document in NSW?

If you work in an industry that requires customers to show ID for service or have already completed a Responsible Service of Alcohol course in NSW, then you may know all about acceptable forms of ID in NSW. However, those who are new to the industry, who are yet to complete an RSA may be a little confused about just what counts as proof of age in NSW.

In this blog, we look to answer your questions and outline just what counts as valid forms of ID (both primary and secondary evidence of proof of age) in the state of New South Wales. 

Primary evidence of age in NSW

As most people know, NSW requires a person to be 18 years of age or over to lawfully consume alcohol and enter licensed premises. In order for a person to prove they are above the legal drinking age, they may be asked to present evidence showing so. In fact, anyone who looks to be under the age of 25 must be asked to present ID before being admitted to a licensed establishment, purchasing, or consuming alcohol. 

Liquor & Gaming NSW lists the following documents as primary evidence of age:

• A driver or rider licence or permit that has been issued by either an Australian State or Territory or by any foreign country
• An NSW Digital Driver Licence
• An NSW photo card
• An Australian passport, or a passport from any foreign country
• A proof of age card that has been issued by a public authority of the Commonwealth, or of another State or Territory with the purpose of attesting to a person�s identity and age
• A Keypass identity card issued by Australia post that shows the person is over 18

Secondary evidence

Secondary evidence refers to documentation that can be used to support a patron�s identity, in conjunction with their primary evidence. Secondary evidence cannot be used as a primary photo ID. Examples of secondary ID include:

• A valid credit card
• A workplace ID card
• A valid entitlement card that has been issued by either a state or commonwealth government department, such as a Medicare Card

Tips for checking ID

If you are working in a liquor store, bar, restaurant, or another place that sells and serves alcohol, it is important to be familiar with good practices of checking ID. The regulatory body, Liquor & Gaming NSW offers some helpful tips for checking ID and proof of age documentation:

• Examine ID in a well-lit area that allows you to spot any alterations more easily
• Ask the person to remove their ID from the window face of their wallet, rather than inspecting it through the wallet window
• Once you have taken the ID from the person, take your time examining it. This only applies to physical identification. It is recommended that you do not handle a person�s phone when presented with an NSW Digital Driver Licence
• Calculate that the patron�s date of birth listed on the ID confirms them to be at least 18 years old
• Check the ID to ensure it includes a hologram or other security feature relevant to that particular document
• Compare the patron in front of you with the photo on the presented ID to check that they match. Pay attention to distinguishing facial features
• Be sure to feel around different areas of the card, including the photo, birth date, and edges. If a card is enclosed in plastic or laminate that has wrinkles, bumps, or air bubbles, then it could mean that the ID has been altered

We hope this blog has been helpful in showing you examples of acceptable forms of ID in NSW. If you wish to complete an RSA course to work in the industry, get in touch with Express Online Training today! Express Online Training is a nationally accredited Registered Training Organisation (RTO). We offer online, fully accredited RSA, White Card, and RSG courses that you can complete at home, and at your own pace!

For free and confidential legal advice about this topic, please contact us here.

A fake ID is one that doesn’t belong to you, has been made illegally or changed (for example to make you look older). Most of the time it’s against the law to make, have or use a fake ID for anything, including to get into a pub, club or bar or to buy alcohol. It’s also against the law to lend your ID to someone else or lie so that you can get a real ID (for example lying about your date of birth or giving fake documents).

If you’re caught doing these things, you could be fined as much as $3,000!

What is a fake ID?

A fake ID is an ID that:

• has been made illegally;
• has been scratched or altered in any way (like to make you seem older); or 
• doesn’t actually belong to you (like a friend’s or brother’s ID).

What are the accepted forms of ID in Victoria?

In Victoria, you can prove your age using:

• a driver licence (from anywhere in Australia); or
• a passport; or
• a proof of age card (from anywhere in Australia).

Is it illegal to use a fake ID?

It’s against the law to use a fake ID to try and enter a pub, club, or bar, or to purchase alcohol.  If you’re under 18 and you’re caught doing this, you could be:

• given a warning or caution;
• fined $233.19 on the spot; or
• be convicted by a court and have to pay as much as $777.30

Can the police or security confiscate a fake ID?

In these cases, the fake ID can also be confiscated by police or the staff member (e.g. a bouncer). If the item is a driver’s licence, they’re not allowed to confiscate it (but even if they confiscate a driver’s licence there will usually be nothing you can do about it).

The person who confiscates your ID must give it to the police.  If the ID is fake, it will either be destroyed, or returned to the person who owns it. The police may keep it in their records about you.  If it is not fake, it must be returned to you within 28 days.

Can I lend my ID to someone else?

No.  It’s against the law to lend your Victorian driver’s licence to someone else if you know that they might use it for fraudulent purposes. It’s also against the law to give any kind of ID to someone if you know or suspect they will use it to try and get into licensed premises, or obtain alcohol.

If the person gets caught, the ID may be confiscated and not returned for up to 28 days.   

Depending on your age, if you’re caught doing this, you could:

• be given a warning or a caution; 
• be fined $310.90 on the spot; or
• be convicted by a court and have to pay as much as $3,109.20

Is it illegal to make an fake ID?

Yes.  It’s against the law to make a fake ID. This means it is illegal to forge, or even scratch or change an ID.  If you’re caught and you’re under 18, you could be:

• given a warning or caution by police;
• fined $310.92 on the spot by the police; or
• convicted by a court and have to pay as much as $3,109.20.

What if I lie to get real ID?

It’s against the law to lie to get a real ID, like a driver’s license or proof of age card.

If you’re caught and you’re under 18, you could be:

• given a warning or caution by police; or
• charged and fined up to $777.30 if convicted by a Court.

If you’re under 25 and you have a question about IDs that we haven’t answered here, please ask us a question here and we can give you some free information and advice.

In NSW, using a false document is a serious offence that carries a maximum penalty of imprisonment for ten (10) years. In NSW, a court can impose any of the following penalties for this charge:-

The Offence of Using a False Document:

The offence of ‘using false document’ is set out in section 254 of the Crimes Act 1900 which states: “A person who uses a false document, knowing that it is false, with the intention of: (a) inducing some person to accept it as genuine, and (b) because of its being accepted as genuine: (i) obtaining any property belonging to another, or (ii) obtaining any financial advantage of causing any financial disadvantage, or (iii) influencing the exercise of a public duty, is guilty of an offence.”

What Actions Might Constitute Using a False Document?

What constitutes a ‘false’ document is defined in section 250(1) of the Act. That section provides a list of circumstances in which alterations to or the creation of the document would make the document a false one. In essence, a document is false if the document, or any part of it, purports:

• To be made by a person or with the authority of a person who did not make or authorise the document in the form or on the terms the document was made; or
• To have been altered by a person or with the authority of a person who did not alter or authorise the alteration;
• To have been made or altered on a date or a place which it was not made or altered; or
• To have been made or altered by or with the authority of a person who did not exist.

Section 251 of the Act sets out the definition of “induce”. Importantly, ‘inducing a person to accept a false document as genuine’ covers circumstances where a document is fed to a machine if the machine responded to the document as if it were genuine.

• It is also important to note that the Police do not have to prove that you intended to induce a particular person to prove this offence. Rather, it is enough to show that there was intent to induce ‘some’ person, generally.

If you had a part in also creating the document that is referred to in this offence, then you could also be charged with the offence of “forgery’ as contained in section 253 of the Crimes Act 1900.

Examples of offences under this section include:-

• In R v Grover; Grover v R [2013] NSWCCA 149 the Defendant was charged multiple offences under this section for using false drivers licences to purchase pseudoephedrine-based products from various pharmacies, to overcome the prohibition placed on selling large amounts of pseudoephedrine to any one person.
• In the Commissioner of the Australian Federal Police v W [2016] NSWSC 683 the Defendant was charged with using a document, purporting to contain the signatures of two directors of a company, to register a motor vehicle in the company’s name. the directors dispute signing that document.
• In Allianz Australia Insurance & Anor v Rose Marie Lo-Giudice [2012] NSWSC 145 the Defendant was charged with making a fraudulent application to a bank for a Home Loan and providing a false Australian passport in that application.

What the Police Must Prove:

That you:

• Used a false document;
• Where you knew that document was false;
• You did so with the intention of inducing a person to accept it as genuine; and
• Because of it being accepted as genuine, you:-
  • Obtained any property belonging to another;
  • Obtained a financial advantage or caused a financial disadvantage; or
  • Influenced the exercise of a public duty.

Possible Defences to Using a False Document:

It is a defence to the charge of using false documents if you can show:-

• None of the documents were false;
• You did not have knowledge that the documents were false; or
• Either: no financial advantage was gained, no financial disadvantage was done or no property belonging to another was obtained.

Which Court Will Hear Your Matter?

This offence is a Table 1 offence. That means that your matter will likely be dealt with in the Local Court. However, either the Prosecutor or the Defendant can elect to have the matter dealt with in the District Court. If they do so, this will give rise to harsher penalties.

Types of Penalties:

Jail: This is the most serious penalty and involves full time detention in a correctional facility. Read more.

Home Detention: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.

Intensive Corrections Order (ICO): This option has replaced periodic detention. the court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Suspended Sentence: As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. a suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Community Service Order (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Good Behaviour Bond: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. the court will impose conditions that you will have to obey during the term of the good behaviour bond. the maximum duration of a good behaviour bond is five years. Read more.

Community Corrections Orders (CCO): a CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.

Fines: When deciding the amount of a fine the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Section 10A: a section 10A is a conviction, with no other penalty attached to it. Read more.

Conditional Release Order (CRO): a CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.

Section 10 avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.