Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 82 - Sabotage  

Subdivision A - Preliminary  

SECTION 82.2   Public infrastructure  

Public infrastructure

(1)    
Public infrastructure means any of the following:

(a) any infrastructure, facility, premises, network or electronic system that belongs to the Commonwealth;

(b) defence premises within the meaning of Part VIA of the Defence Act 1903 ;

(c) service property, and service land, within the meaning of the Defence Force Discipline Act 1982 ;

(d) any part of the infrastructure of a telecommunications network within the meaning of the Telecommunications Act 1997 ;

(e) any infrastructure, facility, premises, network or electronic system (including an information, telecommunications or financial system) that:

(i) provides or relates to providing the public with utilities or services (including transport of people or goods) of any kind, or relates to food (within the meaning of the Food Standards Australia New Zealand Act 1991 ) intended for the public; and

(ii) is located in Australia; and

(iii) belongs to or is operated by a constitutional corporation or is used to facilitate constitutional trade and commerce.

(f) food (within the meaning of the Food Standards Australia New Zealand Act 1991 ) that:

(i) is intended for the public; and

(ii) is produced, distributed or sold by a constitutional corporation or for the purposes of, or in the course of, constitutional trade and commerce.

(2)    
For the purposes of the application of paragraph (1)(a) or (e) in relation to property within the meaning of Chapter 7 , whether the property belongs to the Commonwealth or a constitutional corporation is to be determined in the same way as it would be under Chapter 7 (see section 130.2 ).

Fault element for offences in relation to public infrastructure

(3)    
For the purposes of a reference, in an element of an offence, to public infrastructure within the meaning of this Division, absolute liability applies:

(a) in relation to public infrastructure within the meaning of paragraph (1)(a) - to the element that the infrastructure, facility, premises, network or electronic system belongs to the Commonwealth; and

(b) in relation to public infrastructure within the meaning of paragraph (1)(e) - to the element that the infrastructure, facility, premises, network or electronic system belongs to or is operated by a constitutional corporation or is used to facilitate constitutional trade or commerce: and

(c) in relation to public infrastructure within the meaning of paragraph (1)(f) - to the element that the food is produced, distributed or sold by a constitutional corporation or for the purposes of, or in the course of, constitutional trade and commerce.