Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:10_116
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 10 cl 116
Character Range: 46725–47385

116  Subsection 85S(1)
Repeal the subsection, substitute:

 (1) A person must not intentionally use a postal or carriage service supplied by Australia Post:
 (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 paragraph (1)(a) or (b), absolute liability applies to the physical element of circumstance of the offence, that the postal or carriage service is supplied by Australia Post.

Note: For absolute liability, see section 6.2 of the Criminal Code.