Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_16:p1
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 1/6)
Character Range: 126496–129307

16  The Schedule (before the Dictionary in the Criminal Code)
Insert:

Chapter 10—National infrastructure

Part 10.5—Postal services

Division 470—Preliminary

470.1  Definitions

  In this Part:

article has the same meaning as in the Australian Postal Corporation Act 1989.

article in the course of post means an article that is being carried by post, and includes an article that has been collected or received by or on behalf of Australia Post for carriage by post, but has not been delivered by or on behalf of Australia Post.

Australia Post means the Australian Postal Corporation.

carry, in relation to an article, has the same meaning as in the Australian Postal Corporation Act 1989.

carry by post has the same meaning as in the Australian Postal Corporation Act 1989.

mail‑receptacle means a mail‑bag, package, parcel, container, wrapper, receptacle or similar thing that:
 (a) belongs to, or is in the possession of, Australia Post; and
 (b) is used, or intended for use, in the carriage of articles by post (whether or not it actually contains such articles).

postage stamp has the same meaning as in the Australian Postal Corporation Act 1989.

postal message means:
 (a) a material record of an unwritten communication:
 (i) carried by post; or
 (ii) collected or received by Australia Post for carriage by post; or
 (b) a material record issued by Australia Post as a record of an unwritten communication:
 (i) carried by post; or
 (ii) collected or received by Australia Post for carriage by post.

property has the same meaning as in Chapter 7.

unwritten communication has the same meaning as in the Australian Postal Corporation Act 1989.

470.2  Dishonesty

  For the purposes of this Part, dishonest means:
 (a) dishonest according to the standards of ordinary people; and
 (b) known by the defendant to be dishonest according to the standards of ordinary people.

470.3  Determination of dishonesty to be a matter for the trier of fact

  In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.

Division 471—Postal offences

471.1  Theft of mail‑receptacles, articles or postal messages

 (1) A person is guilty of 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