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Hindering a carrier or carriage service provider by tampering or interfering with facilities is an offence under section 474.6(3) 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 ‘carrier’ is any organisation, eligible partnership or public body that is granted a licence by the Australian Communications and Media Authority (ACMA), this includes radio and televisions stations.
A ‘nominated carrier’ is one for whom the ACMA has made a nominated carrier declaration rather than granted a full licence.
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:
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