Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p137
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 137/169)
Character Range: 1530152–1532970

C of Division 471 to a person producing, supplying or obtaining material includes a reference to the person:
 (a) producing, supplying or obtaining material held or contained in a computer or data storage device; or
 (b) producing, supplying or obtaining a document in which the material is recorded.
 (4) Section 473.4 applies in relation to Subdivisions B and C of Division 471 as if the reference in that section to Part 10.6 were a reference to those Subdivisions.
Note: Section 473.4 sets out matters that may be taken into account in deciding whether particular material is offensive.

Division 471—Postal offences

Subdivision A—General postal offences

471.1  Theft of mail‑receptacles, articles or postal messages
 (1) A person commits an offence if:
 (a) the person dishonestly appropriates:
 (i) a mail‑receptacle; or
 (ii) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or
 (iii) a postal message; and
 (b) the person does so with the intention of permanently depriving another person of the mail‑receptacle, article or postal message.
Penalty: Imprisonment for 10 years.

Dishonesty
 (2) For the purposes of this section, a person's appropriation of a mail‑receptacle, article or postal message may be dishonest even if the person or another person is willing to pay for the mail‑receptacle, article or postal message.

Intention of permanently depriving a person of a mail‑receptacle, article or postal message
 (3) For the purposes of this section, if:
 (a) a person appropriates a mail‑receptacle, article or postal message without meaning another permanently to lose the thing itself; and
 (b) the person's intention is to treat the thing as the person's own to dispose of regardless of the other's rights;
the person has the intention of permanently depriving the other of it.
 (4) For the purposes of subsection (3), a borrowing or lending of a thing amounts to treating the thing as the borrower's or lender's own to dispose of regardless of another's rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

471.2  Receiving stolen mail‑receptacles, articles or postal messages
 (1) A person commits an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.
Penalty: Imprisonment for 10 years.

Stolen property
 (2) For the purposes of this section, property is stolen property if, and only if:
 (a) it is original stolen property (as defined by subsection (3)); or
 (b) it is tainted property (as defined by subsection (5)).
This subsection has effect subject to subsection (4).

Original stolen property
 (3)