CRIMES ACT 1914 SECT 85X

(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.

(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.

(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 .

(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.

(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 .