Document ID: chunk:federal_register_of_legislation:C2025C00040:section:90n
Version: federal_register_of_legislation:C2025C00040
Segment Type: section
Provision Reference: s 90N
Character Range: 111001–112334

90N  Offence—opening article or examining article or its contents
 (1) A person commits an offence if the person:
 (a) opens the article; or
 (b) examines the article or its contents.
Penalty: Imprisonment for 2 years.

Exceptions
 (2) Subsection (1) does not apply if the opening of the article, or the examination of the article or its contents, is permitted by:
 (a) a provision of this Act; or
 (b) another law of the Commonwealth; or
 (c) a law of a State or Territory.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.
 (3) Subsection (1) does not apply if the opening of the article, or the examination of the article or its contents, is in the course of the person exercising powers, or performing functions or duties, as:
 (a) an AFP appointee (within the meaning of the Australian Federal Police Act 1979); or
 (b) a member of the police force or police service of a State or Territory; or
 (c) a person included in a class of persons determined in an instrument under subsection (4).
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.
 (4) The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraph (3)(c).