Criminal Code Amendment (Anti-hoax and Other Measures) Act 2002

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Criminal Code Amendment (Anti‑hoax and Other Measures) Act 2002

 

No. 9, 2002

 

 

 

 

 

An Act to amend the Criminal Code Act 1995, and for other purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendments commencing on 16 October 2001

Criminal Code Act 1995

Schedule 2—Amendments commencing on Royal Assent

Crimes Act 1914

Criminal Code Act 1995

 

 

Criminal Code Amendment (Anti-hoax and Other Measures) Act 2002

No. 9, 2002

 

 

 

An Act to amend the Criminal Code Act 1995, and for other purposes

[Assented to 4 April 2002]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Criminal Code Amendment (Anti‑hoax and Other Measures) Act 2002.

2  Commencement

 (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

4 April 2002

2.  Schedule 1

2 pm (by legal time in the Australian Capital Territory) on 16 October 2001

16 October 2001

3.  Schedule 2

The day on which this Act receives the Royal Assent

4 April 2002

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.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments commencing on 16 October 2001

 

Criminal Code Act 1995

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:

471.10  Hoaxes—explosives and dangerous substances

 (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.

471.14  Geographical jurisdiction

  Section 15.1 (extended geographical jurisdiction—category A) applies to an offence against section 471.10.


Schedule 2—Amendments commencing on Royal Assent

 

Crimes Act 1914

1  Section 85S

Repeal the section.

2  Section 85X

Repeal the section.

3  Section 85Y

Repeal the section.

Criminal Code Act 1995

4  The Schedule (after section 471.10 of the Criminal Code)

Insert:

471.11  Using a postal or similar service to make a threat

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.

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).

 

 

[Minister’s second reading speech made in—

House of Representatives on 13 February 2002

Senate on 11 March 2002]


Overview

The Criminal Code Amendment (Anti-hoax and Other Measures) Act 2002 was enacted by the Parliament of Australia to address the gap in legislation concerning the misuse of postal and similar services for criminal activities, particularly hoaxes involving explosives or dangerous substances and threats made via these services. The Act aims to provide specific criminal penalties for these activities, thereby enhancing the capacity of law enforcement agencies to manage and respond to such incidents effectively. The policy objective behind this legislation is to protect individuals and communities from the serious risks posed by these types of criminal conduct, ensuring that perpetrators face significant legal consequences for their actions. The Act amends the Criminal Code Act 1995 and the Crimes Act 1914, introducing new offences and penalties for the misuse of postal services for hoaxes, threats, and the carriage of dangerous substances, alongside provisions that extend the geographical jurisdiction over these offences.

Scope and Application

The Criminal Code Amendment (Anti-hoax and Other Measures) Act 2002 amends the Criminal Code Act 1995 and the Crimes Act 1914 to introduce and expand criminal offences relating to hoaxes and threats made through postal or similar services. This Act applies to any person who uses a postal or similar service to make threats or cause dangerous articles to be carried, or who causes an article containing explosives or dangerous substances to be carried by post. The Act is applicable across Australia, including the states, territories, and federal territories, extending to instances where the conduct occurs outside Australia if it affects Australia or its citizens. Certain offences under this Act have extended geographical jurisdiction, meaning they can apply to conduct occurring outside Australia if it impacts Australian interests or citizens. This Act does not specify particular exclusions or exemptions, but the application of its provisions is contingent on the conduct falling within the defined parameters, such as the use of postal or similar services for criminal purposes. The Act may also be extended or restricted through subordinate legislation, although the primary text does not provide explicit details on such instruments.

Key Provisions

The Criminal Code Amendment (Anti-hoax and Other Measures) Act 2002 introduces several significant changes to the Criminal Code Act 1995, primarily focusing on the misuse of postal and similar services for harmful purposes. The main sections that establish these changes are sections 1 to 3, and the amendments detailed in Schedule 1 and Schedule 2. Section 1 of the Act provides the short title, while Section 2 outlines the commencement dates for various provisions, with some sections commencing on 16 October 2001, and others on the day the Act receives Royal Assent, which was 4 April 2002. The Act imposes a range of obligations and requirements on individuals and entities governed by it. For example, it criminalises the act of causing an article to be carried by a postal or similar service with the intention of inducing a false belief that the article contains an explosive or dangerous substance (section 471.10). It also makes it an offence to use a postal or similar service to make threats to kill or cause serious harm (section 471.11), to menace, harass or cause offence (section 471.12), to cause a dangerous article to be carried by such services (section 471.13), and to cause an explosive or dangerous substance to be carried by post (section 471.15). Each of these offences carries significant penalties, with imprisonment terms ranging from 2 to 10 years, depending on the severity of the offence. Failure to comply with the provisions of this Act can result in serious legal consequences. The Act stipulates that offences against sections 471.10, 471.11, 471.12, 471.13 and 471.15 are subject to extended geographical jurisdiction, allowing for prosecution regardless of where the offence was committed. The penalties for breaching these provisions are severe, with imprisonment for up to 10 years for offences such as making a threat to kill or cause serious harm, and up to 2 years for using a postal or similar service in a menacing, harassing or offensive manner. These penalties reflect the seriousness with which the Act treats the misuse of postal services for criminal purposes.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.