Whoever, being a person committing the offence on an aircraft, commits, in connection with such other offence, any act of violence against any passenger or member of the crew of such aircraft, shall be punished with the law which is created by the Australian Government.
No person shall, on board an aircraft, —
(a) assault, intimidate or threaten, whether physically or verbally, a crew member which may interfere with the performance of the duties of the crew member or lessens the ability of the crew member to perform those duties;
(b) refuse to follow a lawful instruction given by the Pilot-in-Command, or on behalf of the Pilot-in-Command by a crew member, for the purpose of ensuring the safety of the aircraft or of any person or property on board or for the purpose of maintaining good order and discipline on board.
Laws related to Aircraft Offences
Queensland law- CRIMINAL CODE 1899
- SECT 408A Unlawful use or possession of motor vehicles, aircraft or vessels
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(1) A person who—
(a) unlawfully uses any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof; or
(b) has in the person’s possession any motor vehicle, aircraft or vessel without the consent of the person in lawful possession thereof with intent to deprive the owner or person in lawful possession thereof of the use and possession thereof either temporarily or permanently;
is guilty of a crime and is liable to imprisonment for 7 years.
(1A) If the offender uses or intends to use the motor vehicle, aircraft or vessel for the purpose of facilitating the commission of an indictable offence, the offender is liable to imprisonment for 10 years.
(1B) If the offender—
(a) wilfully destroys, damages, removes or otherwise interferes with the mechanism (or part thereof) or other part of or equipment attached to the motor vehicle, aircraft or vessel; or
(b) intends to destroy, damage, remove or otherwise interfere with the mechanism (or part thereof) or other part of or equipment attached to the motor vehicle, aircraft or vessel;
the offender is liable to imprisonment for 12 years.
(1C) It is a defence to a charge of an offence defined in subsections (1) to (1B) to prove that the accused person had the lawful consent of the owner of the motor vehicle, aircraft or vessel to its use or possession by the accused person.
(2) This section applies without prejudice to any provision of any other Act relating to the unlawful use or possession of motor vehicles, aircraft or vessels save that an offender shall not be liable to be convicted under both this section and such other provision in respect of any one and the same unlawful use or possession of any motor vehicle, aircraft or vessel.
(3) In this section—”vessel” means every kind of vessel designed for use on or in water, not propelled exclusively by oars.
- SECTION 417A Taking control of aircraft
(1) Any person who unlawfully either directly or indirectly takes or exercises control of any aircraft is guilty of a crime and is liable to imprisonment for 7 years.
(2) If another person not being an accomplice of the offender is on board the aircraft the offender is liable to imprisonment for 14 years.
(3) If the offender at or immediately before or immediately after the time of taking or exercising such control uses or threatens to use actual violence to any person or property in order to take or exercise control of the aircraft or to prevent or overcome resistance to such control being taken or exercised or is armed with any dangerous or offensive weapon or instrument or is in company with one or more other person or persons or takes or exercises such control by any fraudulent representation trick device or other means the offender is liable to imprisonment for life.
- SECTION 427 Unlawful entry of vehicle for committing indictable offence
(1) A person who unlawfully enters another person’s vehicle with intent to commit an indictable offence commits a crime.
Penalty: Maximum penalty—10 years imprisonment.
(a) the offence is committed in the night; or
(b) the offender—
(i) uses or threatens to use actual violence; or
(ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
(iii) is in company with 1 or more persons; or
(iv) damages, or threatens or attempts to damage, any property;
the offender is liable to imprisonment for 14 years.
Police has to prove in the court –
That the accuse was there on the aircraft at that time when the incident happened.
That the accused has done illegal activities which is mentioned in the above text.
Accused has damaged the aircraft.
Accused was a part of the aircraft crew and used its power in a wrong manner.
Supreme Court, District Court and Local Court will give justice to such matters.