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Causing an Explosive, or a Dangerous or Harmful Substance, to be Carried by Post

Causing an explosive, or a dangerous or harmful substance, to be carried by post is an offence under section 471.15 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You caused an article to be carried by post
  2. The article consisted of, enclosed or contained an explosive, or a dangerous or harmful substance or thing that the regulations say must not, without exception, be carried by post.

An ‘explosive’ is an article or substance that, when manufactured, mixed, assembled or transported can produce an explosive or pyrotechnic effect.

The regulations say that the following must not be carried by post:

  1. Gases that are so toxic or corrosive to humans as to pose a hazard to health
  2. Thermally unstable substances that are likely to undergo a strongly exothermic decomposition, and
  3. Substances that ignite or self-heat when in contact with air.

Duress and necessity are defences to the charge.

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