Hindering a carriage service by use or operation of an apparatus or device is an offence under section 476.6(5) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that
A ‘carriage service’ is:
‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media sites.
A ‘carriage service provider’ is an organisation that supplies, or proposes to supply, a listed carriage service to the public using a network unit:
You are not criminally responsible if you establish to the court ‘on the balance of probabilities’ that:
It is immaterial whether the apparatus or device was connected to or used in connection with a telecommunications network.
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