Document ID: chunk:federal_register_of_legislation:C2024A00061:clause:1_90z:p1
Version: federal_register_of_legislation:C2024A00061
Segment Type: clause
Provision Reference: sch 1 cl 90Z (pt 1/3)
Character Range: 27051–29629

90Z  Dealing with explosive, dangerous or injurious things etc.
 (1) If a permitted person reasonably suspects that the article contains a thing (a prohibited thing):
 (a) that is or could be explosive, dangerous or injurious; or
 (b) that is or could be used as a part for another thing that is or could be explosive, dangerous or injurious;
a permitted person may:
 (c) do either or both of the following:
 (i) open the article;
 (ii) examine the article or its contents to check whether the article contains a prohibited thing; or
 (d) arrange for the article to be delivered into the custody of:
 (i) an AFP appointee (within the meaning of the Australian Federal Police Act 1979); or
 (ii) a member of the police force or police service of a State or Territory.
 (2) For the purposes of this section, a permitted person is:
 (a) an employee of Australia Post; or
 (b) a person included in a class of persons determined in an instrument under subsection (5).

Returning article to normal course of carriage
 (3) If paragraph (1)(c) applies and the article is found not to contain a prohibited thing, a permitted person must close up the article and return it to the normal course of carriage.

Article contains a prohibited thing
 (4) If paragraph (1)(c) applies and the article is found to contain one or more prohibited things (whether or not the article also contains other things), then one or more of the following may occur:
 (a) a permitted person may do anything to the article or any of its contents (including removing a prohibited thing) that the permitted person thinks appropriate to make the article and some or all of its contents safe for carriage by post and a permitted person may close up the article and return it to the normal course of carriage;
 (b) a person included in a class of persons determined in an instrument under subsection (5) may destroy a prohibited thing if that person is satisfied that the destruction is required for the health or safety of the public or for the protection of other property;
 (c) a permitted person may arrange for either or both of the article and some or all of its contents to be delivered into the custody of:
 (i) an AFP appointee (within the meaning of the Australian Federal Police Act 1979); or
 (ii) a member of the police force or police service of a State or Territory.
Example: Assume the article contains one prohibited thing and one or more other things.
 Under paragraph (a), a permitted person may remove the prohibited thing and then close up the article (with the other things in it) and return it