Mail and language fraud apply to carriage services involving communications through postal or electronic services. Let’s break these two concepts down in relation to carriage services:

1. Mail Fraud and Carriage Services

Mail fraud refers to the use of postal services or other carriage services to carry out fraudulent activities. Under Australian law, carriage services encompass postal services, as well as telecommunications and internet services. Mail fraud involves the use of the postal system to deceive or defraud individuals or organizations.

In the context of carriage services, mail fraud could involve:

  • Deceptive or false communication: Sending fraudulent correspondence with the intent to deceive. For example, fake invoices, lottery winnings, or fraudulent claims.
  • Fraudulent transactions: Using postal services to send false documents or packages with the intention of deceiving or gaining illegal financial benefits. E.g. Lawyers demanding payment of unsubstantiated debts.

Criminal Code Act 1995 (Cth), Section 134.2: “Obtaining financial advantage by deception”:

If mail fraud involves carriage services provided by a third party (e.g., Australia Post), it could be treated as a type of criminal activity using the postal system.

2. Language Fraud and Carriage Services

Language fraud, the deliberate manipulation or misrepresentation of language in communications carried through postal or other services. This could involve:

  • Deceptive or misleading advertising: Using language that misrepresents products or services. For example, using ambiguous or misleading terms in advertising that defraud consumers.
  • False representations: Making fraudulent claims in written or spoken communication carried through postal or telecommunications services.

Language fraud is also covered in consumer protection laws, such as the Australian Consumer Law (ACL). ACL, Section 18, prohibits misleading or deceptive conduct in trade.

Telecommunications (Consumer Protection and Service Standards) Act 1999 covers fraudulent activities via electronic communication or telecommunications networks.

Relevant Legislation and Offences

In the context of fraud and carriage services:

  • Criminal Code Act 1995 (Cth) Part 7.3, which covers offences related to fraud.
  • Australian Consumer Law (ACL) – Deceptive or misleading conduct.
  • Telecommunications Act 1997 – regulates carriage services and fraud through electronic or telecommunication networks.
  • Post and Telecommunications Acts – specific regulations governing postal services (like Australia Post), with provisions to prevent fraud.

Examples of Fraudulent Conduct in Carriage Services:

Mail Fraud: Corporations might send fraudulent invoices via Australia Post, requesting payment for services. Or, lawyers and debt collectors making demands for unsubstantiated claims.

Mail and Language Fraud: Third party lawyers and debt collectors may use deceptive language in phone calls, to trick consumers into contracting with them. Or emails may be sent out via electronic mail systems, making demands for payments without any evidence.

Enforcement and Penalties

Fraud-related offences can carry significant penalties in Australia. Mail and language fraud can lead to imprisonment under the Criminal Code if it involves obtaining financial advantage or causing loss by deception. Language fraud, may result in fines, compensation orders, or other penalties under the Australian Consumer Law.

In both cases, Australian authorities such as the Australian Federal Police (AFP), ACCC (Australian Competition and Consumer Commission), and ACMA (Australian Communications and Media Authority) may be involved in investigating and prosecuting such fraud.

It’s a crime to send documents by postal or electronic communication using fraudulent language to perpetrate deception or illegal financial gain. You must be able to prove the language fraud. And here’s a great place to start!