Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:10_129
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 10 cl 129
Character Range: 49626–50248

129  Subsection 85ZE(1)
Repeal the subsection, substitute:

 (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.