AIRCRAFT OFFENCES

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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

FAQs

Commonwealth law –
CRIMES (AVIATION) ACT 1991
  • For the purposes of this Act, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.
  • For the purposes of Division 1 of Part 2, a person hijacks an aircraft if, while on board the aircraft, the person seizes, or exercises control of, the aircraft by force or threat of force, or by any other form of intimidation.
  • (1) For the purposes of Division 4 of Part 2, a person commits an unlawful act if he or she:
    (a) commits an act of violence against anyone on board an aircraft in flight, being an act likely to endanger the safety of the aircraft; or
    (b) destroys an aircraft in service, or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight.
    (2) For the purposes of Division 4 of Part 2, a person commits an unlawful act if he or she does any of the following:
    (a) places, or causes to be placed, on an aircraft in service a substance or thing that is likely to destroy the aircraft;
    (b) places, or causes to be placed, on an aircraft in service a substance or thing that is likely to cause damage to the aircraft which renders it incapable of flight or which is likely to endanger its safety in flight;
    (c) destroys or damages any navigation facilities or interferes with their operation, being destruction, damage or interference that is likely to endanger the safety of an aircraft in flight;
    (d) communicates information which he or she knows to be false, thereby endangering the safety of an aircraft in flight.
  • (1) A person who hijacks an aircraft commits an indictable offence if any of the following applies when the hijacking is committed:
    (a) the aircraft is in flight, within the meaning of the Hague Convention, and the Hague Conventionrequires Australia to make the hijacking punishable;
    (b) the aircraft is engaged in a prescribed flight;
    (c) the aircraft is a Commonwealth aircraft;
    (d) the aircraft is a visiting government aircraft.
    (2) A person who hijacks an aircraft commits an indictable offence if:
    (a) the hijacking is committed outside Australia; and
    (b) the person who commits the hijacking is an Australian citizen; and
    (c) the aircraft would, if the Hague Convention applied, be considered to be in flight.
    (2A) Absolute liability applies to paragraphs (1)(a), (b), (c) and (d) and paragraphs (2)(a), (b) and (c).
    Note: For absolute liability, see section 6.2 of the Criminal Code.
    (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for life.
    (4) A person cannot be tried for an offence against subsection (1) merely because paragraph (1)(a) applies, unless Article 4 of the Hague Convention requires Australia to establish its jurisdiction over the offence.
  • (1) Where:
    (a) a person on board an aircraft commits an act of violence against all or any of the passengers or crew; and
    (b) the act would, if committed in the Jervis Bay Territory, be an offence against a law in force in that Territory (other than this Act);
    the person commits an offence if any of the following applies when the act is committed:
    (c) Article 4 of the Hague Convention requires Australia to establish its jurisdiction over the act;
    (d) the aircraft is engaged in a prescribed flight;
    (e) the aircraft is a Commonwealth aircraft;
    (f) the aircraft is a visiting government aircraft;
    (g) the aircraft is outside Australia but the person who does the act is an Australian citizen.
    (1A) Absolute liability applies to paragraphs (1)(b), (c), (d), (e), (f) and (g).
    Note: For absolute liability, see section 6.2 of the Criminal Code.
    (2) The punishment for an offence against subsection (1) is the same as that for the offence mentioned in paragraph (1)(b).
    (3) This section extends to an act of violence that was committed, or may have been committed, in the Jervis Bay Territory.
  • (1) Where:
    (a) a person on board a Division 2 aircraft does or omits to do anything; and
    (b) the act or omission, if it had taken place in, or in a public place in, the Jervis Bay Territory, would be an offence against:
    (i) a law of the Commonwealth in force in that Territory; or
    (ii) the Crimes Act 1900 of the Australian Capital Territory in its application to the Jervis Bay Territory; or
    (iii) the Criminal Code 2002 of the Australian Capital Territory in its application to the Jervis Bay Territory; or
    (iv) the Prostitution Act 1992 of the Australian Capital Territory in its application to the Jervis Bay Territory; or
    (v) any other law of the Australian Capital Territory prescribed by the regulations, in its application to the Jervis Bay Territory;
    the person commits an offence.
    (1A) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 2 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code .
    (1B) Absolute liability applies to paragraph (1)(b).
    Note: For absolute liability, see section 6.2 of the Criminal Code .
    (2) The punishment for an offence against subsection (1) is the same as that for the offence mentioned in paragraph (1)(b).
    (3) This section extends to an act or omission that took place, or may have taken place, in the Jervis Bay Territory.
  • (1) A person who takes or exercises control of a Division 3 aircraft commits an offence punishable on conviction by imprisonment for 10 years.
    (2) A person who takes or exercises control of a Division 3 aircraft and who does so while anyone else, other than an accomplice of the person, is on board the aircraft, commits an offence punishable on conviction by imprisonment for 14 years.
    (3) A person who takes or exercises control of a Division 3 aircraft and who does so:
    (a) by force or threat of force, or by any trick or false pretence; and
    (b) while anyone else, other than an accomplice of the person, is on board the aircraft;
    commits an offence punishable on conviction by imprisonment for 20 years.
    (4) For the purposes of an offence against subsection (1), (2) or (3), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • (1) A person must not intentionally destroy a Division 3 aircraft.
    Penalty: Imprisonment for 14 years.
    (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • (1) A person who destroys a Division 3 aircraft with the intention of causing anyone's death, or reckless as to the safety of anyone's life, commits an indictable offence punishable on conviction by imprisonment for life.
    (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • (1) A person must not do anything capable of prejudicing the safe operation of a Division 3 aircraft with the intention of prejudicing the safe operation of the aircraft.
    Penalty: Imprisonment for 20 years.
    (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • (1) A person who does anything capable of prejudicing the safe operation of a Division 3 aircraft:
    (a) with the intention of prejudicing the safe operation of the aircraft; and
    (b) with the intention of causing anyone's death, or reckless as to the safety of anyone's life;
    commits an indictable offence punishable on conviction by imprisonment for life.
    (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • (1) A person commits an offence if:
    (a) the person is on board an aircraft; and
    (b) the aircraft is a Division 3 aircraft; and
    (c) the person assaults, threatens with violence or intimidates another person; and
    (d) the other person is a member of the crew of the aircraft.
    Penalty: Imprisonment for 10 years.
    (2) Absolute liability applies to paragraph (1)(b).
    Note: For absolute liability, see section 6.2 of the Criminal Code
  • (1) A person must not, while on board a Division 3 aircraft, assault, threaten with violence, or otherwise intimidate, a member of the crew of the aircraft in a manner that results in:
    (a) an interference with the member's performance of functions or duties connected with the operation of the aircraft; or
    (b) a lessening of the member's ability to perform those functions or duties.
    Penalty: Imprisonment for 20 years.
    (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability , see section 6.2 of the Criminal Code .
    Alternative verdicts
    (3) On a trial for an offence against subsection (1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection 20A(1) if:
    (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (1) of this section; and
    (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 20A(1); and
    (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.
  • (1) A person who, while on board a Division 3 aircraft, does an act, reckless as to whether the act will endanger the safety of the aircraft, commits an offence.
    Penalty: Imprisonment for 10 years.
    (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • (1) A person commits an offence if:
    (a) the person commits an offence against subsection 22(1); and
    (b) the act constituting the offence is likely to endanger a person's life or cause serious harm to a person.
    Penalty: Imprisonment for 14 years.
    Note: Subsection 22(1) provides for an offence of endangering the safety of a Division 3 aircraft.
    (2) There is no fault element for the physical element described in paragraph (1)(a) other than the fault elements (however applying), if any, for the physical elements of the offence against subsection 22(1).
    (3) To avoid doubt, a person does not commit an offence against subsection 22(1) for the purposes of paragraph (1)(a) of this section if the person has a defence to the offence against subsection 22(1).
    (4) For the purposes of paragraph (1)(b), an act is taken to be likely to cause serious harm to a person if it is likely to substantially contribute to serious harm to a person.
    Alternative verdicts
    (5) On a trial for an offence against subsection (1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection 22(1) if:
    (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (1) of this section; and
    (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 22(1); and
    (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.
  • (1) A person must not:
    (a) carry or place dangerous goods on board a Division 3 aircraft; or
    (b) deliver dangerous goods to anyone else with the intention of placing the goods on board such an aircraft; or
    (c) have dangerous goods in his or her possession on board such an aircraft.
    Penalty: Imprisonment for 10 years.
    (2) Subsection (1) does not apply to:
    (a) anything done with the consent of the owner or operator of the aircraft given with knowledge of the nature of the goods concerned; or
    (b) the carrying or placing of dangerous goods, on board an aircraft with permission granted under the Air Navigation Act 1920 or regulations made under that Act, the Aviation Transport Security Act 2004 or regulations made under that Act, or the Civil Aviation Act 1988 or regulations made under that Act; or
    (c) in the case of a Commonwealth aircraft (other than one being used for commercial transport operations)--the carrying or placing of dangerous goods on board the aircraft by:
    (i) a person appointed or engaged under the Public Service Act 1999 , in the performance of his or her duties; or
    (ii) an officer of, or a person employed by, an authority of the Commonwealth in the performance of his or her duties; or
    (iii) a person acting in accordance with the instructions of such an officer or person given in the performance of his or her duties; or
    (d) in the case of a defence aircraft--the carrying or placing of dangerous goods on board the aircraft by:
    (i) a member of the Defence Force in the performance of his or her duties; or
    (ii) a person acting in accordance with the instructions of such a member given in the performance of the member's duties.
    (3) For the purposes of an offence against paragraph (1)(a), (b) or (c), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • (1) A person commits an offence if:
    (a) the person commits an offence against subsection 23(1); and
    (b) the act constituting the offence is likely to endanger a person's life or cause serious harm to a person.
    Penalty: Imprisonment for 14 years.
    Note: Subsection 23(1) provides for offences relating to dangerous goods and Division 3 aircraft.
    (2) There is no fault element for the physical element described in paragraph (1)(a) other than the fault elements (however applying), if any, for the physical elements of the offence against subsection 23(1).
    (3) To avoid doubt, a person does not commit an offence against subsection 23(1) for the purposes of paragraph (1)(a) if the person has a defence to the offence against subsection 23(1).
    (4) For the purposes of paragraph (1)(b), an act is taken to be likely to cause serious harm to a person if it is likely to substantially contribute to serious harm to a person.
    Alternative verdicts
    (5) On a trial for an offence against subsection (1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection 23(1) if:
    (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (1) of this section; and
    (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 23(1); and
    (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.
  • (1) A person must not threaten to destroy, damage or endanger the safety of a Division 3 aircraft, or to kill or injure anyone on board such an aircraft.
    Penalty: Imprisonment for 10 years.
    (2) A person must not make a statement or communicate information, being a statement or information that he or she knows to be false, to the effect, or from which it can reasonably be inferred, that there has been, is or is to be, a plan, proposal, attempt, conspiracy or threat:
    (a) to take or exercise control, by force, of a Division 3 aircraft; or
    (b) to destroy, damage or endanger the safety of such an aircraft; or
    (c) to kill or injure anyone on board such an aircraft.
    Penalty: Imprisonment for 10 years.
    (3) For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
    Note: For absolute liability, see section 6.2 of the Criminal Code
  • (1) A person who commits an unlawful act of the kind mentioned in subsection 10(1) commits an offence if any of the following applies:
    (a) the Montreal Convention requires Australia to make the act punishable;
    (b) the aircraft concerned is:
    (i) an aircraft in service in the course of, or in connection with, a prescribed flight; or
    (ii) a Commonwealth aircraft; or
    (iii) a defence aircraft; or
    (iv) a visiting government aircraft;
    (c) the person is an Australian citizen who commits the act outside Australia.
    Penalty: Imprisonment for 20 years.
    (2) A person who commits an unlawful act of the kind mentioned in subsection 10(2) commits an offence if any of the following applies:
    (a) the Montreal Convention requires Australia to make the act punishable;
    (b) except where paragraph (c) applies, the aircraft concerned is:
    (i) an aircraft in service in the course of, or in connection with, a prescribed flight; or
    (ii) a Commonwealth aircraft; or
    (iii) a defence aircraft; or
    (iv) a visiting government aircraft;
    (c) in the case of an act relating to air navigation facilities--the facilities are used in connection with:
    (i) prescribed flights; or
    (ii) flights of Commonwealth aircraft; or
    (iii) flights of defence aircraft; or
    (iv) flights of visiting government aircraft;
    (d) the person is an Australian citizen who commits the act outside Australia.
    Penalty: Imprisonment for 20 years.
    (2A) Absolute liability applies to paragraphs (1)(a), (b) and (c), and (2)(a), (b), (c) and (d).
    Note: For absolute liability, see section 6.2 of the Criminal Code .
    (3) A person cannot be tried for an offence against subsection (1) or (2) merely because paragraph (1)(a) or (2)(a), as the case may be, applies unless Article 5 of the Montreal Convention requires Australia to establish its jurisdiction over the offence.
  • (1) A person commits an offence if:
    (a) the person uses a substance or thing to commit an act of violence against anyone at a prescribed airport; and
    (b) that act:
    (i) causes or is likely to cause serious injury or death; and
    (ii) endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and
    (c) the Montreal Convention, when read together with the Protocol, requires Australia to make the act punishable; and
    (d) Article 5 of that Convention, when so read, requires Australia to establish its jurisdiction over the offence.
    Penalty: Imprisonment for 20 years.
    (2) A person commits an offence if:
    (a) the person does any of the following things:
    (i) destroys or seriously damages the facilities of a prescribed airport;
    (ii) destroys or seriously damages any aircraft not in service that is at a prescribed airport;
    (iii) disrupts the services of a prescribed airport; and
    (b) doing so endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and
    (c) either of the following applies:
    (i) the Montreal Convention, when read together with the Protocol, requires Australia to make the act concerned punishable;
    (ii) if the act concerned relates to an aircraft--the aircraft is in Australia, or is a Commonwealth aircraft or a defence aircraft, or the act is committed by an Australian citizen, whether in Australia or not.
    Penalty: Imprisonment for 14 years.
    (2A) For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the airport is a prescribed airport.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
    (2B) Absolute liability applies to paragraphs (1)(c) and (d) and paragraph (2)(c).
    Note: For absolute liability, see section 6.2 of the Criminal Code.
    (3) A person cannot be tried for an offence against subsection (2) merely because subparagraph (2)(c)(i) applies, unless Article 5 of the Montreal Convention, when read together with the Protocol, requires Australia to establish its jurisdiction over the offence.
  • (1) A person commits an offence if:
    (a) the person uses a substance or thing to commit an act of violence against anyone at a prescribed airport; and
    (b) that act:
    (i) causes or is likely to cause serious injury or death; and
    (ii) endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and
    (c) the Montreal Convention, when read together with the Protocol, requires Australia to make the act punishable; and
    (d) Article 5 of that Convention, when so read, requires Australia to establish its jurisdiction over the offence.
    Penalty: Imprisonment for 20 years.
    (2) A person commits an offence if:
    (a) the person does any of the following things:
    (i) destroys or seriously damages the facilities of a prescribed airport;
    (ii) destroys or seriously damages any aircraft not in service that is at a prescribed airport;
    (iii) disrupts the services of a prescribed airport; and
    (b) doing so endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and
    (c) either of the following applies:
    (i) the Montreal Convention, when read together with the Protocol, requires Australia to make the act concerned punishable;
    (ii) if the act concerned relates to an aircraft--the aircraft is in Australia, or is a Commonwealth aircraft or a defence aircraft, or the act is committed by an Australian citizen, whether in Australia or not.
    Penalty: Imprisonment for 14 years.
    (2A) For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the airport is a prescribed airport.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
    (2B) Absolute liability applies to paragraphs (1)(c) and (d) and paragraph (2)(c).
    Note: For absolute liability, see section 6.2 of the Criminal Code.
    (3) A person cannot be tried for an offence against subsection (2) merely because subparagraph (2)(c)(i) applies, unless Article 5 of the Montreal Convention, when read together with the Protocol, requires Australia to establish its jurisdiction over the offence.
  • (1) A person must not do an act, reckless as to whether the act will endanger the safety of:
    (a) a Commonwealth aerodrome, or any part of a Commonwealth aerodrome, or any Commonwealth air navigation facilities; or
    (b) anyone who is, or may be, within the limits of a Commonwealth aerodrome or any Commonwealth air navigation facilities.
    Penalty: Imprisonment for 14 years.
    (2) For the purposes of an offence against subsection (1), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:
    (a) that the aerodrome is a Commonwealth aerodrome;
    (b) that the air navigation facilities are Commonwealth air navigation facilities.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • (1) A person must not threaten to:
    (a) destroy, damage or endanger the safety of a Commonwealth aerodrome, or any part of a Commonwealth aerodrome, or any Commonwealth air navigation facilities; or
    (b) kill or injure anyone who is, or may be, within the limits of a Commonwealth aerodrome or any Commonwealth air navigation facilities.
    Penalty: Imprisonment for 10 years.
    (2) A person must not make a statement or communicate information, being a statement or information that he or she knows to be false, to the effect, or from which it can reasonably be inferred, that there has been, is, or will be, a plan, proposal, attempt, conspiracy or threat:
    (a) to take or exercise control, by force, of a Commonwealth aerodrome, or part of a Commonwealth aerodrome, or any Commonwealth air navigation facilities; or
    (b) to destroy, damage or endanger the safety of a Commonwealth aerodrome, or part of a Commonwealth aerodrome, or any Commonwealth air navigation facilities; or
    (c) to kill or injure anyone who is, or may be, within the limits of a Commonwealth aerodrome or any Commonwealth air navigation facilities.
    Penalty: Imprisonment for 10 years.
    (3) For the purposes of an offence against subsection (1) or (2), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:
    (a) that the aerodrome is a Commonwealth aerodrome;
    (b) that the air navigation facilities are Commonwealth air navigation facilities.
    Note: For absolute liability, see section 6.2 of the Criminal Code.
  • 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.

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