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CRIMES ACT 1914

The Blue Bar of the Law

CRIMES ACT 1914 SECT 85ZE

85ZE Improper use of carriage services
(1)
A person must not intentionally use a carriage service supplied by a carrier:
(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.

(1A)
For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the carriage service is supplied by a carrier.
Note: For absolute liability , see section 6.2 of the Criminal Code .
(2)
Paragraph (1)(b) does not apply to the use of a carriage service to carry Internet content.
(3)
This section is not intended to limit or exclude the concurrent operation of any law of a State or Territory.
(4)
In this section:
Internet content has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992 .
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