Commonwealth Numbered Acts

AUSTRALIAN POSTAL CORPORATION AMENDMENT ACT 1994 No. 142 of 1994 - SECT 37

37. Section 85X of the Principal Act is repealed and the following section is
substituted: Causing dangerous things etc. to be carried by post

"85X.(1) For the purposes of this section there are 3 categories of dangerous
or deleterious substances or things. They are:

   (a)  'totally prohibited substances or things'-this category consists of:

        (i)    explosives; and

        (ii)   dangerous or deleterious substances or things that the
               regulations say must not, without exception, be carried by
               post; and

   (b)  'standard regulated substances or things'-this category consists of
        dangerous or deleterious substances or things that the regulations say
        may only be carried by post in accordance with terms and conditions
        agreed or determined by Australia Post under section 32 of the
        Australian Postal  Corporation Act 1989 that relate to the carriage by
        post of dangerous or deleterious substances or things; and

   (c)  'specially regulated substances or things'-this category consists of
        other dangerous or deleterious substances or things.

"(2) A person must not knowingly or recklessly cause to be carried by post an
article that consists of, encloses or contains a totally prohibited substance
or thing. Penalty: Imprisonment for 10 years.

"(3) A person must not knowingly or recklessly cause to be carried by post,
otherwise than in accordance with the terms and conditions mentioned in
paragraph (1)(b), an article that consists of, encloses or contains a standard
regulated substance or thing. Penalty: Imprisonment for 5 years.

"(4) A person must not knowingly or recklessly cause to be carried by post,
otherwise than in accordance with the requirements mentioned in subsection
(5), an article that consists of, encloses or contains a specially regulated
substance or thing. Penalty: Imprisonment for 2 years.

"(5) For the purposes of subsection (4), the requirements are:

   (a)  Australia Post must have given permission for the substance or thing
        to be carried by post; and

   (b)  any conditions subject to which the permission was given must have
        been complied with in relation to the substance or thing.".