S 85X repealed by No 9 of 2002, s 3 and
Sch 2 item 2, effective 4 April 2002. S 85X formerly read:
Causing dangerous things etc. to be carried by post
(1)
For
the purposes of this section there are 3 categories of dangerous or deleterious
substances or things. They are:
(a)
totally prohibited substances or things
-
this
category consists of:
(i)
explosives; and
(ii)
dangerous or deleterious substances or
things that the regulations say must not, without exception, be carried by
post; and
(b)
standard
regulated substances or things
-
this category consists of
dangerous or deleterious substances or things that the regulations say may
only be carried by post in accordance with terms and conditions agreed or
determined by Australia Post under section 32 of the
Australian
Postal Corporation Act 1989
that relate to the carriage by post
of dangerous or deleterious substances or things; and
(c)
specially regulated
substances or things
-
this category consists of other dangerous
or deleterious substances or things.
(2)
A
person must not intentionally cause to be carried by post an article that
consists of, encloses or contains a totally prohibited substance or thing.
Penalty:
Imprisonment for 10 years.
History
S 85X(2)
amended by No 24 of 2001, s 3 and Sch 10 item 124, by substituting ``intentionally''
for ``knowingly or recklessly''. For application provisions, see note under
s 3BA.
(3)
A
person must not intentionally cause to be carried by post, otherwise than
in accordance with the terms and conditions mentioned in paragraph (1)(b),
an article that consists of, encloses or contains a standard regulated substance
or thing.
Penalty: Imprisonment for 5 years.
History
S 85X(3) amended by No 24 of 2001, s 3 and Sch 10 item 124, by substituting
``intentionally'' for ``knowingly or recklessly''. For applicaiton provisions,
see note under s 3BA.
(3A)
For
the purposes of an offence against subsection (3), strict liability applies
to the physical element of circumstance of the offence, that the carriage
of the article by post is otherwise than in accordance with the terms and
conditions mentioned in paragraph (1)(b).
Note:
For
strict liability
, see section
6.1
of the
Criminal
Code
.
History
S 85X(3A) inserted by No 24 of 2001, s
3 and Sch 10 item 125. For application provisions, see note under s 3BA.
(4)
A
person must not intentionally cause to be carried by post, otherwise than
in accordance with the requirements mentioned in subsection (5), an article
that consists of, encloses or contains a specially regulated substance or
thing.
Penalty: Imprisonment for 2 years.
History
S 85X(4) amended by No 24 of 2001, s 3 and Sch 10 item 126, by substituting
``intentionally'' for ``knowingly or recklessly''. For application provisions,
see note under s 3BA.
(5)
For
the purposes of subsection (4), the requirements are:
(a)
Australia Post must have given permission for the substance or
thing to be carried by post; and
(b)
any conditions subject to which the permission was given must
have been complied with in relation to the substance or thing.
(6)
For
the purposes of an offence against subsection (4), strict liability applies
to the physical element of circumstance of the offence, that the carriage
of the article by post is otherwise than in accordance with the requirements
mentioned in subsection (5).
Note:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 85X(6) inserted by No 24 of 2001, s 3
and Sch 10 item 127. For application provisions, see note under s 3BA.
View history note
Hide history note