what to do when you keep getting someone elses mail
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How mishandling someone else'south mail service could get you in trouble
Educate and protect yourself – learn about Australia's letterbox laws here. - by
If you've always gone through the procedure of moving house , you've probably experienced receiving mail that isn't yours. It happens all the fourth dimension – people forget to update their address or prepare upwards mail redirection, so yous (the new tenant) end upwards with their mess.
What are your options in this example? Is it illegal to open up another person's mail? What about throwing it in the bin? Could you go far trouble, even if it'south not your error? Let'south take a look at Australia's laws on handling other people's and the best way to deal with misdirected messages and packages.
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Is it illegal to throw abroad someone's mail in Australia?
In Australia, it is considered mail tampering or mail fraud if you throw someone else'due south mail in the rubbish, regardless of the reason. Australia Mail, the national postal service, is the only organization or body that is legally immune to dispose of mail.
This applies whether you've accidentally received postal service incorrectly delivered to your address (with a different address on the envelope), or if you receive post with the correct address but a different recipient.
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Is it illegal to open up another person'southward mail service?
You should never open any mail that isn't addressed to yous, unless you are authorised by the actual recipient. If y'all practice it knowingly, and so you could face hefty fines and harsh punishments.
Notwithstanding, if you accidentally open a slice of mail that belongs to someone else (i.e. if the recipient's name wasn't clearly labelled on the envelope, but the mail'southward contents are addressed to someone else), it is not considered a offense. Simply if y'all knowingly go along the mail service afterwards opening information technology and finding out that it isn't yours, you can still be charged with mail tampering.
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Postal laws
If you want to learn more near the postal law, read the Telecommunications and Postal Services Act of 1989 . It details everything you'll demand to know, including what constitutes mail tampering and the penalties associated with it. You should also check out the letterbox laws in Commonwealth of australia, which dictate the acceptable measurements and positioning of your mailbox. If posties cannot reach your mailbox or if the mailbox isn't built to handle standard-sized messages, they could stop delivering your post.
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How Australia'south laws differ from other countries
Australia's laws about mail interception and tampering are actually not that different from the balance of the earth. In the United States, throwing away someone else's mail is considered a felony. As with all federal crimes, there are serious penalties – including a fine of up to $USD 250,000 ($AUD 363,900) and/or a jail sentence of up to iii years for each act of tampering. You could also exist charged separately past the state.
In the United Kingdom, the 2000 Postal Services Act punishes anyone who intentionally delays the mail delivery, opens post that isn't theirs, or otherwise tampers with the post.
Who enforces the law?
Democracy crimes are handled by the Australian Federal Police. If you suspect that your mail has been tampered with, you tin written report it to the AFP, Australia Post, or your local police strength. Depending on the severity of the offence, you could be tried in either the higher commune court or the lower local courts.
If yous have mail tampering charges brought against you, you should immediately consult with an experienced criminal lawyer. It is still possible to accept the charges withdrawn or the penalties reduced, specially if you lot did not practise it intentionally or with malice.
Penalties for throwing abroad someone else's mail
Accidentally opening someone else's mail is a common occurrence, then the constabulary does not punish people who unintentionally tampered with mail that isn't addressed to them. Only you must take the right steps immediately later on, or else you could all the same be charged and penalised for mail fraud.
If you open or throw abroad someone else'southward mail intentionally and without their permission, you lot could face ii to v years in prison house. A guess decides your sentence based on your intentions at the time – accidental or not-malicious tampering volition result in shorter sentences, while dishonest intentions could earn you the maximum v-twelvemonth judgement.
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What to do with mail from a previous tenant
Ideally, when yous move houses, you set up up mail forwarding or inform the Post of your accost change. This ensures that you get all of your mail without inconveniencing the new tenants at your old address. But if the previous tenant didn't update their address before moving and you're stuck with their post, here's what you should exercise instead of throwing information technology away:
If the accost on the envelope is wrong: Identify the post in any letterbox or give information technology to Postal service Office staff.
If the address on the envelope is correct, merely the recipient is wrong: Write 'return to sender - unknown at this address' on the envelope, then drop it in a letterbox or requite it to Post Part staff.
If you lot accidentally opened the post, but information technology isn't addressed to you: Place the contents of the mail service back into the envelope, and have the letter to your local police station.
If the problem persists, inform the Australia Post. They cannot block or divert mail for a certain recipient, but they could accept other steps to prevent it from happening in the future.
Throwing someone's mail away is against the law
Opening or throwing away mail that isn't yours is a Commonwealth offence, and it tin land you in hot water. To avoid getting charged and serving jail time, ever double check who your mail is addressed to and return misaddressed mail.
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Source: https://www.bhg.com.au/is-it-illegal-to-throw-away-someone-s-mail-in-australia
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