Section 474.5 Criminal Code Act | Wrongful Delivery of Communications


Section 474.5 of the Criminal Code Act 1995 (Cth) is Wrongful Delivery of Communications and is extracted below.

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The Legislation

474.5 Wrongful delivery of communications

(1) A person is guilty of an offence if:

(a) a communication is in the course of telecommunications carriage; and

(b) the person causes the communication to be received by a person or carriage service other than the person or service to whom it is directed.

Penalty: Imprisonment for 1 year.

(2) A person is not criminally responsible for an offence against subsection (1) if the person engages in the conduct referred to in paragraph (1)(b) with the consent or authorisation of the person to whom, or the person operating the carriage service to which, the communication is directed.

Note:     A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).