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Lawyer breaks down the risks of using a fake ID

As the use of fake IDs among underage Australian teenagers continues to rise at an alarming rate, a principal lawyer has outlined the legal repercussions for those caught using them.

May 22, 2025 By Grace Robbie
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Each year, thousands of Australians are reportedly searching for fake IDs online. However, many who resort to using counterfeit identification don’t fully grasp the serious legal consequences they could face if they’re caught, according to Avinash Singh, principal lawyer at Astor Legal.

Speaking with Lawyers Weekly, he discussed the rising problem of fake ID usage and explained the legal repercussions individuals may face if caught using counterfeit identification. He also highlighted the necessary legislative reforms to tackle this widespread issue effectively.

Singh pointed out that the internet has made it incredibly easy for young people to access information on obtaining a fake ID. With just a few clicks, they can find a wealth of resources, simplifying the process more than ever.

“The increased prevalence of young people using fake IDs largely stems from social media. Platforms such as TikTok have numerous videos showing step-by-step guides on how to obtain fake IDs and where to obtain them from,” he said.

“With young people having unfettered access to the internet, it is becoming easier and easier for them to be able to obtain fake IDs.”

Legal consequences

Although it may appear a minor offence, Singh emphasised that engaging in this crime can lead to serious legal repercussions. However, he clarified that the extent of these consequences “depends on the reason a person is using the ID”.

“If a person is using a fake ID to commit fraud, such as identity theft, then they can receive a penalty of up to 10 years imprisonment. If, however, the fake ID is only used to purchase alcohol, then they will only be issued with a fine, which can be up to $2,200,” he said.

Singh noted that using a fake ID in relation to an indictable offence is a fairly common issue.

“Sentencing statistics from the Judicial Commission show that in the last few years, there have been over 300 cases involving fake IDs. Out of those cases, over 100 people have been sentenced to full-time imprisonment,” he said.

However, he pointed out that “there is no penalty for selling fake IDs unless the seller knew that the buyer intended to commit, or assist with, an indictable offence (such as fraud)”.

While Singh proposed that creating a law against the possession of fake IDS would “significantly decrease the use” of them, he emphasised that any legislation enacted would need to include exceptions for non-criminal uses.

Advice

Singh issued a compelling warning to anyone who might think that using fake IDs is harmless without repercussions, stressing that such actions can lead to serious consequences that could impact one’s life in the long run.

“Young people who think using a fake ID is harmless should be aware that there are jail sentences that can be imposed if they are caught using them,” he said.

“If a young person receives a criminal conviction for using a fake ID, it can destroy their entire life and any career prospects they may have. It is simply not worth the risk for someone who has their whole life in front of them.”

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