(5) For the purposes of this section, tainted property is property that:
(a) is (in whole or in part) the proceeds of sale of, or property exchanged for, original stolen property; and
(b) is in the possession or custody of the person who so appropriated the original stolen property.
Alternative verdicts
(6) If, in a prosecution for an offence against section 471.1, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against this section, the trier of fact may find the defendant not guilty of the offence against section 471.1 but guilty of the offence against this section, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
(7) If, in a prosecution for an offence against this section, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against section 471.1, the trier of fact may find the defendant not guilty of the offence against this section but guilty of the offence against section 471.1, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Receiving stolen property before commencement
(8) For the purposes of this section:
(a) it is to be assumed that section 471.1 had been in force at all times before the commencement of this section; and
(b) property that was appropriated at a time before the commencement of this section does not become stolen property unless the property was appropriated in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth in force at that time.
471.3 Taking or concealing of mail‑receptacles, articles or postal messages
A person commits an offence if the person dishonestly takes or conceals:
(a) a mail‑receptacle; or
(b) 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
(c) a postal message.
Penalty: Imprisonment for 5 years.
471.4 Dishonest removal of postage stamps or postmarks
A person commits an offence if the person dishonestly:
(a) removes any postage stamp affixed to, or printed on, an article; or
(b) removes any postmark from a postage stamp that has previously been used for postal services.
Penalty: Imprisonment for 12 months.
471.5 Dishonest use of previously used, defaced or obliterated stamps
(1) A person commits an offence if the person dishonestly uses for postal services a postage stamp:
(a) that has previously been used for postal services; or
(b) that has been obliterated; or
(c) that has been defaced.
Penalty: Imprisonment for 12 months.
(2) If, in proceedings for an offence against subsection (1), it is proved that the defendant caused an article to or on which was affixed or printed a postage stamp:
(a) that had previously been used for postal services; or
(b) that had been obliterated; or
(c) that had been defaced;
to be carried by post, it is presumed, in the absence of evidence to the contrary, that the defendant used the stamp for postal services.
(3) The burden of proof in respect of evidence to the contrary is an evidential burden of proof.
471.6 Damaging or destroying mail‑receptacles, articles or postal messages
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the person’s conduct causes damage to, or the destruction of:
(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
(c) the person:
(i) intends that his or her conduct cause that damage; or
(ii) is reckless as to whether his or her conduct causes that damage.
Penalty: Imprisonment for 10 years.
(2) For the purposes of this section, a person’s conduct is taken to cause the destruction of a thing if the person’s conduct causes the physical loss of the thing by interfering with the thing (including by removing any restraint over the thing or abandoning the thing).
(3) For the purposes of this section, a person’s conduct is taken to cause damage to a thing if:
(a) the person’s conduct causes any loss of a use of the function of the thing by interfering with the thing; or
(b) the person’s conduct causes the thing to be defaced.
471.7 Tampering with mail‑receptacles
(1) A person commits an offence if the person dishonestly:
(a) opens a mail‑receptacle; or
(b) tampers with a mail‑receptacle.
Penalty: Imprisonment for 5 years.
(2) A person commits an offence if:
(a) the person intentionally opens a mail‑receptacle; and
(b) the person is not authorised by Australia Post to open the mail‑receptacle; and
(c) the person does so knowing that he or she is not authorised by Australia Post to open the mail‑receptacle.
Penalty: Imprisonment for 2 years.
471.8 Dishonestly obtaining delivery of articles
A person commits an offence if the person dishonestly obtains delivery of, or receipt of, an article in the course of post that is not directed to the person.
Penalty: Imprisonment for 5 years.
471.9 Geographical jurisdiction
Section 15.3 (extended geographical jurisdiction—category C) applies to an offence against section 471.1, 471.2, 471.3, 471.4, 471.5, 471.6, 471.7 or 471.8.
471.10 Hoaxes—explosives and dangerous substances
(1) A person commits an offence if:
(a) the person causes an article to be carried by a postal or similar service; and
(b) the person does so with the intention of inducing a false belief that:
(i) the article consists of, encloses or contains an explosive or a dangerous or harmful substance or thing; or
(ii) an explosive, or a dangerous or harmful substance or thing, has been or will be left in any place.
Penalty: Imprisonment for 10 years.
(2) To avoid doubt, the definition of carried by post in section 470.1 does not apply to this section.
471.11 Using a postal or similar service to make a threat
Threat to kill
(1) A person (the first person) commits an offence if:
(a) the first person uses a postal or similar service to make to another person (the second person) a threat to kill the second person or a third person; and
(b) the first person intends the second person to fear that the threat will be carried out.
Penalty: Imprisonment for 10 years.
Threat to cause serious harm
(2) A person (the first person) commits an offence if:
(a) the first person uses a postal or similar service to make to another person (the second person) a threat to cause serious harm to the second person or a third person; and
(b) the first person intends the second person to fear that the threat will be carried out.
Penalty: Imprisonment for 7 years.
Actual fear not necessary
(3) In a prosecution for an offence against this section, it is not necessary to prove that the person receiving the threat actually feared that the threat would be carried out.
Definitions
(4) In this section:
fear includes apprehension.
threat to cause serious harm to a person includes a threat to substantially contribute to serious harm to the person.
471.12 Using a postal or similar service to menace, harass or cause offence
A person commits an offence if:
(a) the person uses a postal or similar service; and
(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
Penalty: Imprisonment for 5 years.
471.13 Causing a dangerous article to be carried by a postal or similar service
Offence
(1) A person (the first person) commits an offence if:
(a) the first person causes an article to be carried by a postal or similar service; and
(b) the person does so in a way that gives rise to a danger of death or serious harm to another person; and
(c) the first person is reckless as to the danger of death or serious harm.
Penalty: Imprisonment for 10 years.
Danger of death or serious harm
(2) For the purposes of this section, if a person’s conduct exposes another person to the risk of catching a disease that may give rise to a danger of death or serious harm to the other person, the conduct is taken to give rise to a danger of death or serious harm to the other person.
(3) For the purposes of this section, a person’s conduct gives rise to a danger of death or serious harm if the conduct is ordinarily capable of creating a real, and not merely a theoretical, danger of death or serious harm.
(4) For the purposes of this section, a person’s conduct may give rise to a danger of death or serious harm whatever the statistical or arithmetical calculation of the degree of risk of death or serious harm involved.
(5) In a prosecution for an offence against subsection (1), it is not necessary to prove that a specific person was actually placed in danger of death or serious harm by the conduct concerned.
Definition
(6) To avoid doubt, the definition of carried by post in section 470.1 does not apply to this section.
471.14 Geographical jurisdiction
Section 15.1 (extended geographical jurisdiction—category A) applies to an offence against section 471.10, 471.11, 471.12 or 471.13.
471.15 Causing an explosive, or a dangerous or harmful substance, to be carried by post
Offence
(1) A person commits an offence if:
(a) the person causes an article to be carried by post; and
(b) the article consists of, encloses or contains:
(i) an explosive; or
(ii) a dangerous or harmful substance or thing that the regulations say must not, without exception, be carried by post.
Penalty: Imprisonment for 10 years.
Geographical jurisdiction
(2) Section 15.3 (extended geographical jurisdiction—category C) applies to an offence against subsection (1).
Subdivision B—Offences relating to use of postal or similar service for child abuse material
471.19 Using a postal or similar service for child abuse material
(1) A person commits an offence if:
(a) the person causes an article to be carried by a postal or similar service; and
(b) the article is, or contains, child abuse material.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person requests another person to cause an article to be carried by a postal or similar service; and
(b) the article is, or contains, child abuse material.
Penalty: Imprisonment for 15 years.
471.20 Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service
(1) A person commits an offence if:
(a) the person:
(i) has possession or control of material; or
(ii) produces, supplies or obtains material; and
(b) the material is child abuse material; and
(c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:
(i) by that person; or
(ii) by another person;
in committing an offence against section 471.19 (using a postal or similar service for child abuse material).
Penalty: Imprisonment for 15 years.
(2) A person may be found guilty of an offence against subsection (1) even if committing the offence against section 471.19 (using a postal or similar service for child abuse material) is impossible.
(3) It is not an offence to attempt to commit an offence against subsection (1).
471.21 Defences in respect of child abuse material
(1) A person is not criminally responsible for an offence against section 471.19 (using a postal or similar service for child abuse material) or 471.20 (possessing etc. child abuse material for use through a postal or similar service) because of engaging in particular conduct if the conduct:
(a) is of public benefit; and
(b) does not extend beyond what is of public benefit.
In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
(2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:
(a) enforcing a law of the Commonwealth, a State or a Territory; or
(b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or
(c) the administration of justice; or
(d) conducting scientific, medical or educational research that has been approved by the AFP Minister in writing for the purposes of this section.
(3) A person is not criminally responsible for an offence against section 471.19 (using a postal or similar service for child abuse material) or 471.20 (possessing etc. child abuse material for use through a postal or similar service) if:
(a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of his or her duties; and
(b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
471.22 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
(1) A person commits an offence against this section if:
(a) the person commits an offence against either of the following provisions on 3 or more separate occasions:
(iii) section 471.19 (using a postal or similar service for child abuse material);
(iv) section 471.20 (possessing etc. child abuse material for use through a postal or similar service); and
(b) the commission of each such offence involves 2 or more people.
Penalty: Imprisonment for 30 years.
(2) There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 471.19 or 471.20.
(3) To avoid doubt, a person does not commit an offence against section 471.19 or 471.20 for the purposes of paragraph (1)(a) if the person has a defence to that offence.
Offence or conduct need not be the same
(4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.
Double jeopardy etc.
(5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 471.19 or 471.20 in relation to the conduct that constituted the aggravated offence.
(6) Subsection (5) does not prevent an alternative verdict under section 471.23.
(7) A person who has been convicted or acquitted of an offence (the underlying offence) against section 471.19 or 471.20 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.
471.23 Alternative verdict if aggravated offence not proven
If, on a trial for an offence (the aggravated offence) against subsection 471.22(1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the aggravated offence; but
(b) is satisfied beyond reasonable doubt that he or she is guilty of an offence (the underlying offence) against section 471.19 or 471.20;
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Subdivision C—Offences relating to use of postal or similar service involving sexual activity with person under 16
471.24 Using a postal or similar service to procure persons under 16
(1) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with the sender; and
(c) the recipient is someone who is, or who the sender believes to be, under 16; and
(d) the sender is at least 18.
Penalty: Imprisonment for 15 years.
(2) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with another person (the participant); and
(c) the recipient is someone who is, or who the sender believes to be, under 16; and
(d) the participant is someone who is, or who the sender believes to be, at least 18.
Penalty: Imprisonment for 15 years.
(3) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of procuring the recipient to engage in sexual activity with another person; and
(c) the recipient is someone who is, or who the sender believes to be, under 16; and
(d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18; and
(e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant) who is, or who the sender believes to be, at least 18.
Penalty: Imprisonment for 15 years.
471.25 Using a postal or similar service to “groom” persons under 16