Crimes Act 1914

S 85S repealed by No 9 of 2002, s 3 and Sch 2 item 1, effective 4 April 2002. S 85S formerly read:

Improper use of postal services

(1)
A person must not intentionally use a postal or carriage service supplied by Australia Post:

(a) with the result that another person is menaced or harassed; or

(b) in such a way as would be regarded by reasonable persons as being, in all the circumstances, offensive.

Penalty: Imprisonment for 1 year.

 View history note

 Hide history note

History

S 85S(1) and (1A) substituted for s 85S(1), by No 24 of 2001, s 3 and Sch 10 item 116. For application provisions, see note under s 3BA. S 85S(1) formerly read:

(1)
A person shall not knowingly or recklessly:

(a) use a postal or carriage service supplied by Australia Post to menace or harass another person; or

(b) use a postal or carriage service supplied by Australia Post in such a way as would be regarded by reasonable persons as being, in all the circumstances, offensive.

Penalty: Imprisonment for 1 year.

(1A)
For the purposes of an offence against paragraph (1)(a) or (b), absolute liability applies to the physical element of circumstance of the offence, that the postal or carriage service is supplied by Australia Post.

Note:

For absolute liability , see section 6.2 of the Criminal Code .

 View history note

 Hide history note

History

S 85S(1) and (1A) substituted for s 85S(1), by No 24 of 2001, s 3 and Sch 10 item 116. For application provisions, see note under s 3BA.

(2)
In subsection (1):

carriage service
has the same meaning as in the Telecommunications Act 1997 .