Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.5 - Postal services  

Division 471 - Postal offences  

Subdivision A - General postal offences  

SECTION 471.13   Causing a dangerous article to be carried by a postal or similar service  
Offence

(1)    
A person (the first person ) commits an offence if:

(a) the first person causes an article to be carried by a postal or similar service; and

(b) the person does so in a way that gives rise to a danger of death or serious harm to another person; and

(c) the first person is reckless as to the danger of death or serious harm.

Penalty: Imprisonment for 10 years.

Danger of death or serious harm

(2)    
For the purposes of this section, if a person ' s conduct exposes another person to the risk of catching a disease that may give rise to a danger of death or serious harm to the other person, the conduct is taken to give rise to a danger of death or serious harm to the other person.

(3)    
For the purposes of this section, a person ' s conduct gives rise to a danger of death or serious harm if the conduct is ordinarily capable of creating a real, and not merely a theoretical, danger of death or serious harm.

(4)    
For the purposes of this section, a person ' s conduct may give rise to a danger of death or serious harm whatever the statistical or arithmetical calculation of the degree of risk of death or serious harm involved.

(5)    
In a prosecution for an offence against subsection (1) , it is not necessary to prove that a specific person was actually placed in danger of death or serious harm by the conduct concerned.

Definition

(6)    
To avoid doubt, the definition of carry by post in section 470.1 does not apply to this section.