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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Criminal
Code Amendment (Anti-hoax and Other Measures) Bill
2002
No. ,
2002
(Attorney-General)
A
Bill for an Act to amend the Criminal Code Act 1995, and for other
purposes
Contents
Criminal Code Act
1995 3
Crimes Act
1914 5
Criminal Code Act
1995 5
A Bill for an Act to amend the Criminal Code Act
1995, and for other purposes
The Parliament of Australia enacts:
This
Act may be cited as the Criminal Code Amendment (Anti-hoax and Other
Measures) Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
2 pm (by legal time in the Australian Capital Territory) on 16 October
2001 |
|
|
3. Schedule 2 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 The Schedule (section 470.1 of the
Criminal Code)
Insert:
constitutional corporation means a corporation to which
paragraph 51(xx) of the Constitution applies.
2 The Schedule (section 470.1 of the
Criminal Code)
Insert:
postal or similar service means:
(a) a postal service (within the meaning of paragraph 51(v) of the
Constitution); or
(b) a courier service, to the extent to which the service is a postal or
other like service (within the meaning of paragraph 51(v) of the Constitution);
or
(c) a packet or parcel carrying service, to the extent to which the
service is a postal or other like service (within the meaning of paragraph 51(v)
of the Constitution); or
(d) any other service that is a postal or other like service (within the
meaning of paragraph 51(v) of the Constitution); or
(e) a courier service that is provided by a constitutional corporation;
or
(f) a packet or parcel carrying service that is provided by a
constitutional corporation; or
(g) a courier service that is provided in the course of, or in relation
to, trade or commerce:
(i) between Australia and a place outside Australia; or
(ii) among the States; or
(iii) between a State and a Territory or between 2 Territories;
or
(h) a packet or parcel carrying service that is provided in the course of,
or in relation to, trade or commerce:
(i) between Australia and a place outside Australia; or
(ii) among the States; or
(iii) between a State and a Territory or between 2 Territories.
3 The Schedule (section 471.9 of the
Criminal Code)
Omit “each offence against this Part”, substitute “an
offence against section 471.1, 471.2, 471.3, 471.4, 471.5, 471.6, 471.7 or
471.8”.
4 The Schedule (after section 471.9 of the
Criminal Code)
Insert:
(1) A person is guilty of 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 carry by post in
section 470.1 does not apply to this section.
Section 15.1 (extended geographical jurisdiction—category A)
applies to an offence against section 471.10.
1 Section 85S
Repeal the section.
2 Section 85X
Repeal the section.
3 Section 85Y
Repeal the section.
4 The Schedule (after section 471.10 of the
Criminal Code)
Insert:
Threat to kill
(1) A person (the first person) is guilty of 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) is guilty of 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.
Threats
(3) For the purposes of this section, a threat may
be:
(a) express or implied; or
(b) conditional or unconditional.
Threat to cause serious harm
(4) A reference in this section to a threat to cause serious harm to
a person includes a reference to a threat to substantially contribute to
serious harm to the person.
Definition
(5) In this section:
fear includes apprehension.
A person is guilty of an offence if:
(a) the person uses a postal or similar service; and
(b) the person does so in such a way as would be regarded by reasonable
persons as being, in all the circumstances, menacing, harassing or
offensive.
Penalty: Imprisonment for 2 years.
Offence
(1) A person (the first person) is guilty of 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 carry by post in
section 470.1 does not apply to this section.
5 The Schedule (at the end of
section 471.14 of the Criminal Code)
Add “, 471.11, 471.12 or 471.13”.
6 The Schedule (after section 471.14 of the
Criminal Code)
Insert:
Offence
(1) A person is guilty of 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).