VIC Who owns mail? CC Division 471

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Athiril

Member
25 July 2021
1
0
1
Back story: I had a message from former co-tenant/head tenant where I lived I had letters there, he opened one and sent me a photo, says he’ll keep them for me if I want them come get them I say okay, go over, then messages I don’t know where they are, I threw them out already, so was f***ing with me about giving them to me. Refuses to hand over mail.

I contacted police twice, and have have both officers tell me it’s not a crime and that whoever posses the mailbox owns the mail in it. And the tenant can do whatever they want with someone else’s mail. Which doesn’t make sense because it could be sensitive information, credit card, ipad from amazon etc - it’s not their property.

criminal code act 1995 division 471 covers this and it would be theft, damaging mail, tampering with mail and a few things, second cop tells me that only applies to mail taken from the mailbox I reside it by someone outside. And again above, that whoever lives at the address owns all mail even if it’s intended for someone else like a former tenant, and that the legislation is only intended for that and not to protect former tenants mail, and “I’m telling you it’s not a crime”.

The police refused to make a report so I cannot get a report ID.

I am sure it’s a crime given the legislation - I cannot find anywhere that backs up the polices version of the legislation - who is right here? Is it a crime? Or are the police right and the current tenant can owns the former tenants mail and can do whatever they want with it?

Ideally I am looking for either something the police cannot refute, or something that proves me wrong in black and white

legislation
 

Ponala

Well-Known Member
10 February 2015
212
21
654
The issue is it has already been delivered. The legislation you point to covers : article in the course of post means an article that is being carried by post, and includes an article that has been collected or received by or on behalf of Australia Post for carriage by post, but has not been delivered by or on behalf of Australia Post. postal message means: (a) a material record of an unwritten communication: (i) carried by post; or (ii) collected or received by Australia Post for carriage by post; or (b) a material record issued by Australia Post as a record of an unwritten communication: (i) carried by post; or (ii) collected or received by Australia Post for carriage by post. mail‑receptacle means a mail‑bag, package, parcel, container, wrapper, receptacle or similar thing that: (a) belongs to, or is in the possession of, Australia Post; and(b) is used, or intended for use, in the carriage of articles by post (whether or not it actually contains such articles).