What Are The Penalties For Tampering With Mail in Australia?

Tampering with mail in Australia is a Commonwealth offence.

The offence of tampering with mail includes interfering with mail receptacles, stealing mail before delivery and opening mail that you are not authorised to open, as well as a number of other illegal activities.

There are harsh penalties for tampering with mail, including fines and possibly even a prison sentence.

If you have been charged with tampering with mail or a related offence, it is a good idea to find an experienced criminal lawyer to advise you on your best defence.

What acts are included in the offence of tampering with mail?

The offence of tampering with mail comes under the Telecommunications and Postal Services Act 1989.

This act covers a large number of different activities that are considered to be Commonwealth offences. These include:

• Forging postage stamps or knowingly using postage stamps which have been forged.
• Stealing mail bags from Australia Post employees.
• Stealing mail from Australia Post.
• Tampering or interfering with mailbags.
• Tampering or interfering with letters or other articles that are being delivered by Australia Post.
• Obtaining a delivery item by deception.
• Helping someone else obtain a letter or other delivery item by deception.
• Using the postal service to harass or threaten someone else.
• Interfering with a post box or stamp vending machine.

These offences don’t just relate to items that are carried by Australia Post, other mail carriers and delivery services are also included.

The Criminal Code Act 1995 (Cth)

Tampering with mail is a serious Commonwealth offence under Division 471 of the Criminal Code Act 1995 (Cth). This division covers a wide range of postal-related crimes, including theft, obstruction, and any interference with the postal system. The legislation is designed to protect the integrity of the mail system and ensure that individuals’ privacy and property are respected.

One of the key provisions is section 471.7, which makes it a federal offence to open a mail receptacle that does not belong to you.

What is a Mail Receptacle?

A mail receptacle is broadly defined as any container or location used for the collection, deposit, or delivery of mail. The term encompasses a variety of items including:

• Mailboxes
• Post Office Boxes
• Rural Boxes
• Letter Boxes
• Lock Drawers

In short, a mail receptacle can be any container or designated area where mail is received or stored, whether it is in a residential or business setting.

If you are found guilty of tampering with or interfering with these receptacles, the penalties can be severe, depending on the nature of the offences and your intent.

What are the penalties for tampering with mail and related offences?

The penalties for tampering with mail in Australia include a maximum prison sentence of five years.

Whether you receive five years imprisonment or two years imprisonment largely depends on whether you tampered with the mail with dishonest intentions or not.

Using the postal service to harass another person comes with a maximum penalty of one year in prison, while forging a postage stamp or knowingly using a forged postage stamp has a more severe penalty of 10 years imprisonment.

What if I accidentally open something belonging to someone else?

If you accidentally open someone else’s mail, this is not an offence. It’s important to note that mistakes do happen, and if the mail was wrongly delivered to your address and you open it by accident, you should not face criminal charges by simply opening it.

However, what you do with the mail afterwards can have legal consequences. If you knowingly hold onto the mail, or conceal it with dishonest intentions, you could face charges for concealment. This applies if you decide to keep the mail, withhold it, or even throw it away, knowing it was not intended for you. This kind of action could lead to serious charges, even if the initial opening was unintentional.

In Australia, only Australia Post (or other authorised postal services) has the authority to dispose of mail. Discarding someone else’s mail can result in criminal charges, as it is considered tampering with the postal system.

If you do receive mail that is not for you, the best course of action is to return it to the post office, so you don’t risk any potential legal issues.

How can I defend myself against a charge of tampering with mail?

If you are facing Commonwealth charges as a result of interfering with the postal service, it is best to speak to a criminal lawyer as soon as possible.

Tampering with mail is considered a serious offence, and comes with harsh penalties, particularly if the judge perceives that you were doing it with dishonest intentions.

An experienced criminal lawyer can help you prepare your defence and advise you on the best course of action, so that you can hopefully avoid receiving the maximum penalty and spending time in prison.