{"id":"aircraft-offences-act-1971","name":"Aircraft Offences Act 1971","slug":"aircraft-offences-act-1971","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31518,"registerId":"sa-aircraft-offences-act-1971-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aircraft Offences Act 1971","content":"South Australia\nAircraft Offences Act 1971\nAn Act with respect to certain offences relating to certain aircraft and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Crimes on board aircraft engaged in certain flights\n4\tApplication of Part\n5\tOffences committed on aircraft to which this Part applies\nPart 3—Crimes affecting aircraft\n6\tApplication of Part\n7\tTaking control of aircraft\n8\tDestruction of aircraft\n9\tDestruction of aircraft with intent to kill\n10\tPrejudicing safe operation of aircraft\n11\tPrejudicing safe operation of aircraft with intent to kill persons etc\n12\tAssaulting crew etc\n13\tEndangering safety of aircraft\n14\tTaking or sending dangerous goods on aircraft\n15\tThreats and false statements\n16\tAlternative verdicts\nPart 4—Miscellaneous\n17\tArrest of offenders etc\n18\tPower of person to search aircraft\n19\tSaving of other laws\n20\tPerson not to be convicted twice for same act or omission\n21\tOffences under Act\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Aircraft Offences Act 1971.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naircraft includes any machine that can derive support in the atmosphere from the reactions of the air;\nlanding includes alighting on water;\nmember of the crew, in relation to an aircraft, means a person having duties or functions on board the aircraft;\nthe Air Navigation Regulations means the regulations known as the Air Navigation Regulations as in force for the time being under the Air Navigation Act 1920 of the Commonwealth as in force from time to time and includes any of those regulations as in force by virtue of a law of the State;\nthe Commonwealth Act means the Crimes (Aircraft) Act 1963 of the Commonwealth as in force from time to time.\n\t(2)\tFor the purposes of this Act—\n\t(a)\ta flight of an aircraft shall be taken to commence—\n\t(i)\tat the time of the closing of the last external door of the aircraft to be closed before the aircraft first moves for the purpose of taking off from any place; or\n\t(ii)\tif subparagraph (i) of this paragraph is not applicable—at the time at which the aircraft first moves for the purpose of taking off from any place; and\n\t(b)\ta flight of an aircraft shall be taken to end—\n\t(i)\tat the time of the opening of the first external door of the aircraft to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or\n\t(ii)\tif subparagraph (i) of this paragraph is not applicable—at the time at which the aircraft comes to rest after its next landing after the commencement of the flight,\nor, if the aircraft is destroyed or the flight is abandoned, before either subparagraph (i) or subparagraph (ii) of this paragraph becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.\n\t(4)\tA flight of an aircraft shall, for the purposes of this Act, be taken to be a flight within the State where the flight commences in the State and ends, or is, at the commencement of the flight, intended to end, in the State, whether or not the aircraft may or will, in the course of the flight, go outside the State.\nPart 2—Crimes on board aircraft engaged in certain flights\n4—Application of Part\nThis Part applies to any aircraft that is engaged in a flight within the State.\n5—Offences committed on aircraft to which this Part applies\nAny person who, while on board an aircraft to which this Part applies, does or omits to do an act or thing the doing or omission of which, if it took place in the State would be an offence against a law of the State, may be proceeded against and dealt with in all respects as if the act or thing had been done or omitted to be done in the State.\nPart 3—Crimes affecting aircraft\n6—Application of Part\nThis Part applies to—\n\t(a)\tan aircraft within the State; and\n\t(b)\tan aircraft engaged in a flight within the State.\n7—Taking control of aircraft\n\t(1)\tA person shall not, without lawful excuse, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies.\nPenalty: Imprisonment for seven years.\n\t(2)\tA person shall not, without lawful excuse, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies while another person, not being an accomplice of the first-mentioned person, is on board the aircraft.\nPenalty: Imprisonment for fourteen years.\n\t(3)\tA person shall not, without lawful excuse, by force or violence or threat of force or violence, or by any trick or false pretence, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies while another person, not being an accomplice of the first-mentioned person, is on board the aircraft.\nPenalty: For any contravention of this subsection, imprisonment for twenty years.\n8—Destruction of aircraft\nA person shall not wilfully destroy an aircraft to which this Part applies.\nPenalty: Imprisonment for fourteen years.\n9—Destruction of aircraft with intent to kill\nA person who destroys an aircraft to which this Part applies with intent to cause the death of a person or with reckless indifference to the safety of the life of a person shall be guilty of an offence and liable to be imprisoned for life.\n10—Prejudicing safe operation of aircraft\nA person shall not do an act or thing capable of prejudicing the safe operation of an aircraft to which this Part applies with intent to prejudice the safe operation of that aircraft.\nPenalty: Imprisonment for fourteen years.\n11—Prejudicing safe operation of aircraft with intent to kill persons etc\nA person who does an act or thing capable of prejudicing the safe operation of an aircraft to which this Part applies—\n\t(a)\twith intent to prejudice the safe operation of that aircraft; and\n\t(b)\twith intent to cause the death of a person or with reckless indifference to the safety of the life of a person,\nshall be guilty of an offence and liable to be imprisoned for life.\n12—Assaulting crew etc\nA person shall not, while on board an aircraft to which this Part applies, assault, intimidate or threaten with violence a member of the crew of the aircraft so as to interfere with the performance by the member of his functions or duties connected with the operation of the aircraft or so as to lessen his ability to perform those functions or duties.\nPenalty: Imprisonment for fourteen years.\n13—Endangering safety of aircraft\nA person shall not, while on board an aircraft to which this Part applies, do any Act or thing that, to his knowledge, is likely to endanger the safety of the aircraft.\nPenalty: Imprisonment for seven years.\n14—Taking or sending dangerous goods on aircraft\n\t(1)\tSubject to this section, a person shall not—\n\t(a)\tcarry or place dangerous goods on board an aircraft to which this Part applies; or\n\t(b)\tdeliver dangerous goods to a person for the purpose of their being placed on board such an aircraft; or\n\t(c)\thave dangerous goods in his possession on board such an aircraft.\nPenalty: Imprisonment for seven years.\n\t(2)\tThis section does not apply—\n\t(a)\tto or in relation to an act done with the consent of the owner or operator of the aircraft given with knowledge of the nature of the goods concerned; or\n\t(b)\tto or in relation to the carrying or placing of firearms, or ammunition for firearms, on board an aircraft with permission granted under the Air Navigation Regulations.\n\t(3)\tIn this section—\ndangerous goods means—\n\t(a)\tfirearms, ammunition, weapons and explosive substances; and\n\t(b)\tsubstances or things that, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft.\n15—Threats and false statements\n\t(1)\tA person shall not threaten, state that it is his intention, or make a statement from which it could reasonably be inferred that it is his intention, to destroy, damage or endanger the safety of an aircraft to which this Part applies or to kill or injure all or any of the persons on board such an aircraft.\n\t(2)\tA person shall not make a statement or convey information, being a statement or information that he knows to be false, to the effect, or from which it could reasonably be inferred, that there has been, is or is to be a plan, proposal, attempt, conspiracy or threat to—\n\t(a)\ttake or exercise control, by force or violence, of an aircraft to which this Part applies; or\n\t(b)\tdestroy, damage or endanger the safety of such an aircraft; or\n\t(c)\tkill or injure all or any of the persons on board such an aircraft.\nPenalty: Imprisonment for two years.\n16—Alternative verdicts\n\t(1)\tWhere, on the trial of a person for an offence against any of the provisions of section 7 of this Act, the evidence does not establish the commission by him of that offence but establishes the commission by him of an offence against another of those provisions, he may be found guilty of that last-mentioned offence.\n\t(2)\tWhere, on the trial of a person for an offence against section 9 of this Act, the evidence does not establish the commission by him of that offence but establishes the commission by him of an offence against section 8 of this Act, he may be found guilty of that last-mentioned offence.\n\t(3)\tWhere, on the trial of a person for an offence against section 11 of this Act, the evidence does not establish the commission by him of that offence but establishes the commission by him of an offence against section 10 of this Act, he may be found guilty of that last-mentioned offence.\nPart 4—Miscellaneous\n17—Arrest of offenders etc\n\t(1)\tThe person in command of an aircraft to which Part 2 or Part 3 of this Act applies may, on board the aircraft, with such assistance as is necessary, arrest without warrant a person whom he finds committing, or reasonably suspects of having committed, or of having attempted to commit, an offence referred to in that Part, and that person in command or a person authorised by him may hold the person so arrested in custody until he can be brought before a Justice of the Peace or other proper authority to be dealt with according to law.\n\t(2)\tThe person in command of an aircraft to which Part 2 or Part 3 of this Act applies may, where he considers it necessary so to do in order to prevent an offence against that Part or to avoid danger to the safety of the aircraft or of persons on board the aircraft, with such assistance as he thinks necessary—\n\t(a)\tplace a person who is on board the aircraft under restraint or in custody; and\n\t(b)\tif the aircraft is not in the course of a flight—remove a person from the aircraft.\n18—Power of person to search aircraft\n\t(1)\tIf in relation to an aircraft to which Part 2 or Part 3 of this Act applies, the person in command of the aircraft or any person authorised in writing for the purposes of section 26 of the Commonwealth Act, reasonably suspects that an offence against that Part has been, is being or may be committed on board or in relation to the aircraft, he may, with such assistance as is necessary, search or cause to be searched—\n\t(a)\tthe aircraft and any person, luggage or freight on board the aircraft; and\n\t(b)\tin the case of an aircraft to which Part 3 of this Act applies and which is not engaged in a flight—any person who is about to board the aircraft and any luggage or freight that is about to be placed on board the aircraft.\n\t(2)\tA female shall not be searched under subsection (1) of this section except by a female.\n19—Saving of other laws\nThis Act is not intended to exclude or limit the operation of any other law of the State.\n20—Person not to be convicted twice for same act or omission\nWhere an act or omission of a person constitutes an offence against this Act and an offence under a law of the Commonwealth and that person is convicted of either of those offences, he is not liable to be convicted of the other of those offences.\n21—Offences under Act\nAll offences under this Act are indictable offences.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1971\n1\nAircraft Offences Act 1971\n18.3.1971\n18.3.1971\n1983\n52\nAircraft Offences Act Amendment Act 1983\n16.6.1983\n16.6.1983\n1994\n59\nCriminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994\n27.10.1994\n1.1.1995 (Gazette 8.12.1994 p1942)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 1 of The Public General Acts of South Australia 1837-1975 at page 318.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\ns 3(3)\ndeleted by 52/1983 s 2(a)\n16.6.1983\ns 3(4)\namended by 52/1983 s 2(b)\n16.6.1983\nPt 3\n\n\ns 9\namended by 59/1994 Sch 2\n1.1.1995\ns 11\namended by 59/1994 Sch 2\n1.1.1995\nHistorical versions\nReprint No 1—1.7.1991\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of creating offences for crimes on board aircraft and crimes affecting aircraft safety. The 1983 and 1994 amendments were minor technical updates (removing obsolete provisions and updating penalty language following criminal law consolidation), not expansions of scope. The Act has not grown beyond its initial aviation security mandate."},"complexity_factors":["Short statute with only 21 sections across 4 Parts","Minimal defined terms in interpretation section (only 4 key definitions: 'aircraft', 'landing', 'member of the crew', 'dangerous goods')","Simple conditional structure with clear penalty provisions attached to each offence","Limited cross-referencing (only references to Commonwealth Crimes (Aircraft) Act 1963 and Air Navigation Regulations)","Straightforward application provisions using geographic and operational triggers ('flight within the State')","Alternative verdict provisions (section 16) provide simple fallback offences if evidence doesn't support the primary charge","No nested exceptions or complex deeming provisions beyond the basic flight commencement/termination rules in section 3(2)"],"plain_english_summary":"This South Australian law creates serious criminal offences for crimes involving aircraft. It covers two main situations: crimes committed by passengers during flights within South Australia (Part 2), and crimes that affect aircraft safety such as hijacking, sabotage, bomb threats, and assaulting crew members (Part 3).\n\n**Key things this law does:**\n\n- **Makes aircraft a 'legal territory' of South Australia**: If you commit any crime on a flight within SA (like theft or assault), you can be prosecuted as if you did it on the ground in SA.\n\n- **Creates specific aviation crimes** with heavy penalties:\n  - Hijacking an aircraft: up to 20 years prison\n  - Destroying an aircraft with intent to kill: life imprisonment\n  - Sabotaging aircraft operations: up to 14 years\n  - Assaulting or intimidating crew: up to 14 years\n  - Taking dangerous goods (weapons, explosives) on board: up to 7 years\n  - Making bomb threats or false statements about aircraft safety: up to 2 years\n\n- **Gives the pilot special powers**: The captain can arrest suspects without a warrant, restrain passengers, remove people from the aircraft, and search passengers and luggage.\n\n- **Prevents double jeopardy**: You can't be convicted under both this SA law and a similar Commonwealth law for the same act.\n\nThe law applies to flights that start and end in South Australia, even if they pass through other airspace. It works alongside federal aviation laws but ensures SA can prosecute serious aviation crimes that occur on intrastate flights."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was returned. The provided text contains only website error messages and navigation links from the South Australian legislation website, with no actual sections, provisions, or explanatory material from the Aircraft Offences Act 1971 itself."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404-style 'Page Not Found' error","Unable to assess provisions, definitions, penalties, or interactions with other laws","Complexity score is assigned at minimum (1) due to complete absence of analysable content, not because the Act itself is necessarily simple"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the *Aircraft Offences Act 1971* (South Australia) could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website update in March 2026 that broke older hyperlinks.\n\n**What we know about this Act generally:**\nThe *Aircraft Offences Act 1971* is a South Australian law that deals with criminal offences committed on or in relation to aircraft — for example, endangering the safety of an aircraft, hijacking, or other dangerous conduct involving planes. It affects anyone who travels on, operates, or interferes with aircraft in South Australia.\n\n**What you should do:**\nTo read the actual current text of this law, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for 'Aircraft Offences Act 1971' using the site's search function."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has been amended since enactment: section 3 had parts deleted and amended by the 1983 Amendment Act (see legislative history), and sections 9 and 11 were amended by the 1994 Criminal Law Consolidation amendment (Sch 2). Those amendments altered definitions and offence provisions (noted in the history), and the Act now cross‑references Commonwealth legislation and the Air Navigation Regulations (s 3(1)(d)–(e)). The legislative history therefore shows the Act's scope and the detail of certain offences have changed from the original 1971 text."},"complexity_factors":["Cross‑jurisdictional application and definitions of 'flight' (s 3(2), s 4, s 6) increase interpretive complexity about when the Act applies.","Multiple graded offences and escalating penalties tied to mens rea and circumstances (taking control: ss 7(1)–(3); destruction and intent: ss 8–11).","Overlap and interaction with Commonwealth law and external instruments (references to the Commonwealth Act and the Air Navigation Regulations) create coordination issues (s 3(1)(d)–(e); s 20).","Powers granted to commanders to arrest, restrain, remove and hold persons on board, and to search aircraft and baggage, concentrate operational discretion in non‑police actors (ss 17–18).","Specified exceptions and defences (e.g. 'lawful excuse' in s 7; consent/permission exceptions in s 14(2)) require evidential assessment at trial.","Seriousness of penalties (including life imprisonment for certain offences, ss 9 and 11) raises stakes for charging choices and plea negotiations.","Broadly phrased offences (e.g. acts 'capable of prejudicing the safe operation' in ss 10–11 and 'likely to endanger' in s 13) create scope for contested factual and legal interpretation.","Legislative amendments recorded (1983, 1994) indicate historical changes to definitions and offence provisions, requiring attention to versioning for application."],"plain_english_summary":"Creates criminal offences and penalties for taking control of, destroying, or endangering aircraft, and for assaulting crew, carrying dangerous goods, making threats, and related acts. It applies to aircraft within South Australia and to flights that commence and are intended to end in the State, and grants commanders on‑board powers to arrest, restrain and, in certain cases, search. It affects passengers, crew, operators and anyone who boards or handles aircraft because it makes these acts indictable offences with substantial imprisonment terms."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/aircraft-offences-act-1971","history":"/api/acts/aircraft-offences-act-1971/history","analysis":"/api/acts/aircraft-offences-act-1971/analysis","conflicts":"/api/acts/aircraft-offences-act-1971/conflicts","importantCases":"/api/acts/aircraft-offences-act-1971/important-cases","documents":"/api/acts/aircraft-offences-act-1971/documents"}}