"fear" includes apprehension.

471.12 Using a postal or similar service to menace, harass or cause offence

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.

471.13 Causing a dangerous article to be carried by a postal or similar service

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:

471.15 Causing an explosive, or a dangerous or harmful substance, to be carried by post

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).