(ii) make any order relating to the seizure, detention or disposal of the ship, aircraft or thing.
(4) An order to return a ship, aircraft or thing may be made subject to conditions, including conditions as to the payment to the Commonwealth of reasonable costs of seizure and detention and conditions as to the giving of security for payment of its value should it be forfeited.
55 Written consent of Attorney‑General required
(1) A prosecution for an offence against this Part requires the consent of the Attorney‑General.
(2) Despite subsection (1):
(a) a person may be arrested for an offence referred to in subsection (1), and a warrant for such an arrest may be issued and executed; and
(b) a person may be charged with such an offence; and
(c) a person so charged may be remanded in custody or on bail;
but no further step in the proceedings referred to in subsection (1) is to be taken until the Attorney‑General’s consent has been given.
(3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.
56 Evidence of certain matters
(1) A certificate by the Foreign Affairs Minister, or by an eligible person authorised by that Minister to make such a certificate, stating that:
(a) specified waters were, at a specified time:
(i) part of the high seas; or
(ii) within the coastal sea of Australia; or
(b) a specified place was, at a specified time, a place beyond the jurisdiction of any country;
is, for the purposes of any proceedings for an offence against this Part, evidence of the facts stated in the certificate.
(2) In this section:
eligible person means an SES employee in the Foreign Affairs Department.
Part VIIA—Offences relating to postal services
85E Interpretation—definitions
In this Part, unless the contrary intention appears:
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 Australia Post for carriage by post, but has not been delivered by Australia Post.
Australia Post means the Australian Postal Corporation.
carried by post means carried by or through Australia Post.
employee, in relation to Australia Post, includes a person who performs services for or on behalf of Australia Post and an employee of such a person.
mail‑bag includes a package, parcel, container or wrapper belonging to Australia Post in which articles in the course of post are customarily contained, whether or not it actually contains such articles.
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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.
85F Interpretation—expressions used in Australian Postal Corporation Act
Unless the contrary intention appears, expressions used in this Part, and in the Australian Postal Corporation Act 1989, have the same respective meanings as in that Act.
85G Forgery of postage stamps etc.
(1) A person shall not forge a postage stamp.
Penalty: Imprisonment for 10 years.
(2) A person shall not utter a postage stamp knowing it to be forged.
Penalty: Imprisonment for 10 years.
(3) A person shall not make, use, have in his or her possession, or sell or otherwise dispose of, any paper or article that has affixed to it, or printed on it, a mark, label or design resembling, apparently intended to resemble or pass for, or likely to be mistaken for, a postage stamp, knowing it is not a postage stamp.
Penalty: Imprisonment for 5 years.
(4) A person shall not make, use, have in his or her possession, or sell or otherwise dispose of, any article resembling, apparently intended to resemble or pass for, or likely to be mistaken for, an envelope, letter‑card, aerogram or other article on which Australia Post has caused a postage stamp to be affixed or printed, knowing that it is not such an article.
Penalty: Imprisonment for 5 years.
(5) A person shall not make, use, have in his or her possession, or sell or otherwise dispose of, any die, plate or instrument capable of making a mark, label or design in the form of, or in a form resembling, apparently intended to resemble or pass for, or likely to be mistaken for, a postage stamp, knowing that it is such a die, plate or instrument.
Penalty: Imprisonment for 5 years.
(5A) Subsections (3), (4) and (5) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).
(6) A person shall be taken to utter a forged postage stamp if the person:
(a) tenders it or puts it off; or
(c) uses or deals with it; or
(e) attempts to induce any person to use, deal with, act on or accept it.
85H Special paper for postage stamps
(1) A person shall not:
(a) intentionally make, use, have in his or her possession, or sell or otherwise dispose of, paper:
(i) supplied for, or used by, Australia Post for the purpose of printing postage stamps; or
(ii) resembling, or apparently intended to resemble or pass for, paper supplied for, or used by, Australia Post for that purpose;
(b) intentionally make, use, have in his or her possession, or sell or otherwise dispose of, paper:
(i) supplied for, or used by, a person other than Australia Post for the purpose of printing postage stamps for Australia Post; or
(ii) resembling, or apparently intended to resemble or pass for, paper supplied for, or used by, a person other than Australia Post for that purpose; or
(c) intentionally make, use, have in his or her possession, or sell or otherwise dispose of, any instrument or thing for making a mark, label or design resembling, or apparently intended to resemble or pass for, any distinctive mark, label or design used on any paper especially supplied for the purpose of the printing of postage stamps by or on behalf of Australia Post.
Penalty: Imprisonment for 5 years.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
85N Wrongful delivery of postal article etc.
A person shall not intentionally cause an article in the course of post to be delivered to, or received by, a person other than the person to whom it is directed or that person’s authorised agent.
Penalty: Imprisonment for 1 year.
85Q Forgery of postal messages etc.
(1) A person shall not forge a postal message.
Penalty: Imprisonment for 10 years.
(2) A person shall not utter a postal message knowing it to be forged.
Penalty: Imprisonment for 10 years.
(3) A person shall be taken to utter a forged postal message if the person:
(a) tenders it or puts it off; or
(c) uses or deals with it; or
(e) attempts to induce any person to use, deal with, act on or accept it.
85R Wrongful delivery of postal messages
A person shall not intentionally cause a postal message to be delivered to or received by a person other than the person to whom it is directed or that person’s authorised agent.
Penalty: Imprisonment for 1 year.
85T Sending false postal messages
A person shall not:
(a) intentionally and without a person’s authority, submit, or cause to be submitted, to Australia Post as a postal message signed or to be sent by the person, a postal message that was not so signed or to be sent;
(b) intentionally submit, or cause to be submitted, to Australia Post a postal message signed with the name of a fictitious person;
(c) intentionally and without the authority of the person sending a postal message, alter the postal message; or
(d) intentionally write, issue or deliver a document purporting to be a postal message that has been carried by post knowing that it is not such a message.
Penalty: Imprisonment for 1 year.
85U Obstructing carriage of articles by post
A person shall not intentionally obstruct or hinder the carriage by post of any article.
Penalty: Imprisonment for 2 years.
85V Interference with property of Australia Post
(1) A person shall not, without the authority of Australia Post, intentionally tamper or interfere with a post‑box, or stamp vending machine, erected by Australia Post, or any other property belonging to Australia Post.
Penalty: Imprisonment for 1 year.
(1A) For the purposes of an offence against subsection (1), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:
(a) that the post‑box, or stamp vending machine, is erected by Australia Post;
(b) that the property belongs to Australia Post.
Note: For absolute liability, see section 6.2 of the Criminal Code.
(2) A person shall not, without the authority of Australia Post, intentionally alter, tamper or interfere with, or obliterate any notice, writing or other marking on or attached to property belonging to Australia Post.
Penalty: 30 penalty units.
(3) For the purposes of an offence against subsection (2), absolute liability applies to the physical element of circumstance of the offence, that the notice, writing or other marking is on or attached to property belonging to Australia Post.
Note: For absolute liability, see section 6.2 of the Criminal Code.
85W Causing controlled drugs or controlled plants to be carried by post
(1) A person shall not intentionally cause to be carried by post an article that consists of, encloses or contains a controlled drug, or a controlled plant, within the meaning of Part 9.1 of the Criminal Code.
Penalty: Imprisonment for 2 years.
(2) Where an act constitutes an offence against a law of a State or Territory, the validity of the law is not affected merely because the act also constitutes an offence against subsection (1).
Exceptions—supply of pharmaceutical products etc. to remote locations
(3) Subsection (1) does not apply in relation to conduct engaged in by a person if the person engages in the conduct:
(a) for the purposes of, and in accordance with, the Medical Chest Program; and
(b) in the course of duties, powers or functions performed or exercised by the person in the person’s capacity as:
(i) Australia Post or an employee of Australia Post; or
(ii) the Royal Flying Doctor Service of Australia or an RFDSA employee or contractor.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(3A) Subsection (1) does not apply in relation to conduct engaged in by a person if the person engages in the conduct:
(a) for the purposes of, and in accordance with, a program, prescribed by the regulations, for the supply of packages of pharmaceutical products and medical supplies to remote locations; and
(b) in the course of duties, powers or functions performed or exercised by the person in the person’s capacity as:
(i) Australia Post or an employee of Australia Post; or
(ii) a body, or the holder of an office or position, if the body, office or position is prescribed by the regulations in relation to the program; or
(iii) an employee of, or a person who performs services for or on behalf of, a government, body or other person, if the government, body or other person is prescribed by the regulations in relation to the program.
Note 1: The regulations may prescribe a body or person by reference to a class of bodies or persons, and may make different provision with respect to different classes of bodies or persons (see subsection 33(3A) of the Acts Interpretation Act 1901).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code).
(4) In this section:
Medical Chest Program means the program known under that name (or another name determined by the Royal Flying Doctor Service of Australia) that is:
(a) for the supply of packages of pharmaceutical products and medical supplies to remote locations across Australia; and
(b) administered and operated by or on behalf of the Royal Flying Doctor Service of Australia.
RFDSA employee or contractor means any of the following:
(a) an employee of the Royal Flying Doctor Service of Australia;
(b) any other person (an RFDSA contractor) that performs services for or on behalf of the Royal Flying Doctor Service of Australia;
(c) a person who is employed by, or that performs services for or on behalf of, an RFDSA contractor.
Royal Flying Doctor Service of Australia means one or more of the following bodies corporate (including, if the name of the body changes, the body as operating under the changed name, and, to the extent that the body stops performing any of its functions, any body corporate responsible for performing the same, or substantially the same, functions):
(a) the Australian Council of the Royal Flying Doctor Service of Australia;
(b) the Royal Flying Doctor Service of Australia Central Operations Incorporated;
(c) the Royal Flying Doctor Service of Australia (Queensland Section);
(d) the Royal Flying Doctor Service of Australia (South Eastern Section);
(e) the Royal Flying Doctor Service of Australia (Tasmanian Section);
(f) the Royal Flying Doctor Service of Australia (Victorian Section);
(g) the Royal Flying Doctor Service of Australia (Western Operations).
85Z Articles carried by post to be taken to be Australia Post’s property
For the purpose of any prosecution for an offence in relation to an article carried by post or under the control of Australia Post, the article shall be taken to be the property of Australia Post.
85ZA Postage stamps to be valuable securities etc.
A postage stamp, and any document issued by Australia Post in relation to the carriage by post of money or a direction to pay an amount of money, shall be taken to be a valuable security for the purposes of any law relating to larceny.
Part VIIC—Pardons, quashed convictions and spent convictions
Division 1—Interpretation and application of Part
85ZL Interpretation of Part
In this Part, unless the contrary intention appears:
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
Commonwealth authority means:
(a) a Commonwealth Minister;
(b) a Commonwealth Department;
(ba) the Defence Force;
(c) a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a Commonwealth law, not being:
(i) an incorporated company, society or association; or
(ii) an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009, or a branch of such an organisation or association;
(d) a body established or appointed by the Governor‑General, or by a Commonwealth Minister, otherwise than by or under a Commonwealth law;
(e) a person holding or performing the duties of an office established by or under, or an appointment made under, a Commonwealth law other than the office of Secretary of a Commonwealth Department;
(f) a person holding or performing the duties of an appointment made by the Governor‑General, or by a Commonwealth Minister, otherwise than under a Commonwealth law;
(g) a federal court;
(h) the Supreme Court of the Australian Capital Territory; or
(j) the Australian Federal Police.
Commonwealth Department means an Agency within the meaning of the Public Service Act 1999.
Commonwealth law means:
(a) an Act other than:
(i) the Australian Capital Territory (Self‑Government) Act 1988; or
(ii) the Northern Territory (Self‑Government) Act 1978;
(b) an instrument (including rules, regulations or by‑laws) made under an Act (other than an Act referred to in subparagraph (a)(i) or (ii)); or
(c) any other legislation that applies as a law of the Commonwealth (other than legislation in so far as it is applied by an Act referred to in subparagraph (a)(i) or (ii)), to the extent that it operates as such a law.
Commonwealth Minister means a Minister of State of the Commonwealth.
Commonwealth offence means an offence against a Commonwealth law.
complaint means a complaint under subsection 85ZZA(1).
designated offence means:
(a) a sexual offence; or
(b) any other offence against the person if the victim of the offence was under 18 at the time the offence was committed.
designated position means a position in a Commonwealth authority which the head of the authority has determined to be a designated security assessment position whose duties are likely to involve access to national security information classified as secret or top secret.
foreign law means a law of a foreign country.
foreign offence means an offence against a foreign law.
intelligence or security agency means:
(a) the Australian Security Intelligence Organisation; or
(b) the Australian Secret Intelligence Service; or
(ba) the Australian Signals Directorate; or
(c) the Office of National Intelligence; or
(e) that part of the Defence Department known as the Defence Intelligence Organisation; or
(f) that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation.
law enforcement agency means:
(a) the Australian Federal Police; or
(b) the police force of a State or Territory; or
(ba) the Immigration and Border Protection Department; or
(bb) the National Anti‑Corruption Commission; or
(bc) the Law Enforcement Conduct Commission of New South Wales, or a similar body established under a law of another State; or
(c) the ACC; or
(f) the Independent Commission Against Corruption of New South Wales, or a similar body established under a law of another State; or