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 $2,200!
For free and confidential legal advice about this topic, please contact us here.
A fake ID is an ID that:
In New South Wales, you can prove your age using:
It’s against the law to use a fake ID to buy alcohol or get into a pub, club or bar.
If you are caught and you’re under 18, the police can:
If it’s the first time you’ve used a fake ID, it’s unlikely that the police will charge you. They normally only charge people under 18 years old if they have been caught using a fake ID before.
But if you’re over 14, you could also have your provisional driver’s licence extended by 6 months (either P-1 or P-2), even if you haven’t started your P’s or your L’s yet!
If the fake ID is in the form of a NSW Photo Card or NSW driver licence, it is illegal to have it on you.
If you’re caught with one and you’re under 18, you could be:
It’s against the law to make an ID. Making an ID includes scratching, changing or forging an ID. If you’re under 18 and you’re caught doing this, you could be:
It is illegal not to give the police or an employees of a place where alcohol is sold (e.g. a bouncer) your name, address and date of birth when asked. You can be fined $220 for refusing to do this.
For more information on your rights when talking to police, please visit our page on police interviews.
Only the police and certain people from Roads & Maritime Services can confiscate a fake ID. Staff members cannot, but even if they do there will usually be nothing you can do about it.
If you use someone else’s NSW Photo Card or NSW driver licence, you could be fined between $700-$800 on the spot by police, or up to $1,100 if convicted by a court.
It is against the law to lend your NSW Photo Card or NSW driver’s licence to someone else. If that person gets caught, the police may ask both of you how that person got hold of your ID.
If the police find out that you gave your ID to someone else and you knew they were going to pretend it was theirs, you may:
It’s against the law to give false information to get your ID (like using fake documents or lying to Roads & Maritime Services). If you’re caught lying to get a photo card, you can be fined $749 on the spot.
If you’re caught lying to get a driver’s licence or photo card and the authorities decide to charge you, you could have to pay up to $1,100 if found guilty 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.
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