Division 4Application of Criminal Code

An Act relating to crimes and certain other acts committed on or in respect of certain aircraft, aerodromes, airports and air navigation facilities, and for related purposes ## Part 1—Introductory ### Division 1—Short title and commencement #### 1 Short title This Act may be cited as the Crimes (Aviation) Act 1991. #### 2 Commencement (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period. ### Division 2—Definitions and interpretation #### 3 Definitions In this Act, unless the contrary intention appears: > Australia includes the external Territories. > Australian aircraft means: (a) an aircraft registered, or required to be registered, under the Civil Aviation Regulations; or (b) a Commonwealth aircraft; or (c) a defence aircraft. > authorised person means: (a) in sections 30 and 33—any of the following persons: (i) a protective service officer within the meaning of the Australian Federal Police Act 1979; (ii) a member of the Australian Federal Police or an officer of the police force (however described) of a State or Territory; (iii) the manager of any Commonwealth aerodrome or prescribed airport; (iv) a person who is an authorised officer for the purposes of section 89 of the Migration Act 1958; or (b) in section 32: (i) a member of the Australian Federal Police; or (ii) an officer of the police force (however described) of a State or Territory of or above the rank of sergeant; or (c) in section 37—an SES employee or acting SES employee in the Department who is appointed in writing by the Minister to be an authorised person for the purposes of that section; or (d) in section 49—a person engaged under the Public Service Act 1999 who is appointed in writing by the Minister administering the Air Navigation Act 1920 to be an authorised person for the purposes of that section; and includes, in relation to any of those provisions, a person who is, under section 54, taken to be an authorised person for the purposes of that provision. > Civil Aviation Regulations means regulations made under the Civil Aviation Act 1988, and includes any of those regulations as in force under the law of a State. > commencing day means the day on which this Act commences. > Commonwealth aerodrome means: (a) an area of land or water in Australia that is owned by the Commonwealth and used, or intended for use, either wholly or partly, for, or in connection with, the arrival, departure or other movement of aircraft; or (b) a core regulated airport within the meaning of the Airports Act 1996; and includes any building, structure, installation or equipment in that area, or on the land that forms the core regulated airport, that is provided for use in connection with the operation of that area or land as an aerodrome or airport. > Commonwealth aircraft means an aircraft, other than a defence aircraft, that is owned by, or in the possession or control of, the Commonwealth or a Commonwealth authority. > Commonwealth air navigation facilities means buildings, structures, installations or equipment, anywhere in Australia, that are provided by the Commonwealth, or a Commonwealth authority, for use in connection with aircraft navigation, but does not include any building, structure, installation or equipment forming part of a Commonwealth aerodrome. > Convention offence means an offence against a provision of Division 1 or 4 of Part 2. > dangerous goods means: (a) firearms, ammunition, weapons and explosive substances; or (b) any substance or thing that, because of its nature or condition, may endanger the safety of an aircraft or of people on board an aircraft. > defence aircraft means an aircraft of any part of the Defence Force, and includes an aircraft that is being commanded or piloted by a member of that Force in the course of his or her duties as such a member. > Division 2 aircraft means: (a) an aircraft (including a foreign aircraft) that is: (i) engaged in a flight in the course of trade and commerce with other countries or among the States; or (ia) engaged in a flight within a Territory, between 2 Territories or between a State and a Territory; or (ii) outside Australia while engaged in a flight that started in Australia; or (iii) engaged in a flight between a part of Australia and a place outside Australia; or (b) an Australian aircraft (other than a Commonwealth aircraft or a defence aircraft) that is engaged in a flight wholly outside Australia; or (c) a Commonwealth aircraft or a defence aircraft that is engaged in any flight, including a flight wholly outside Australia. > Division 3 aircraft means: (a) an Australian aircraft (other than a Commonwealth aircraft or a defence aircraft) that is mainly used for the purpose of any of the following flights, or is engaged, or is intended or likely to be engaged, in such a flight: (i) a prescribed flight; (ii) a flight between a part of Australia and a place outside Australia; (iii) a flight wholly outside Australia; or (b) a Commonwealth aircraft; or (c) a defence aircraft; or (d) a foreign aircraft that is in Australia; or (e) a foreign aircraft that is outside Australia while engaged in a flight that started in Australia or that was, when the flight started, intended to end in Australia. > Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967. > foreign aircraft means an aircraft other than an Australian aircraft, including such an aircraft owned or operated by the government of a foreign country. > Hague Convention means the Convention for the Suppression of Unlawful Seizure of Aircraft, ratified by Australia on 9 September 1972, and whose English text is set out in Schedule 1. > hijacking has the meaning given in section 9. > in flight, in relation to an aircraft, has, for the purposes of section 10 and Division 4 of Part 2, the same meaning as in the Montreal Convention. > Note: (Note: see Article 2 of the Montreal Convention) > in service, in relation to an aircraft, has, for the purposes of section 10 and Division 4 of Part 2, the same meaning as in the Montreal Convention. > Note: (Note: see Article 2 of the Montreal Convention) > landing includes alighting on water. > magistrate means: (a) a magistrate of a Territory other than the Australian Capital Territory or the Northern Territory; or (b) a magistrate of a State, the Australian Capital Territory or the Northern Territory to whom an arrangement in force under section 51 applies. > member of the crew, in relation to an aircraft, means a person having duties or functions on board the aircraft. > Montreal Convention means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, ratified by Australia on 12 July 1973, and whose English text is set out in Schedule 2. > part of Australia means a State or Territory. > prescribed aircraft means: (a) an Australian aircraft, whether it is in Australia or not; or (b) any other aircraft that is in Australia or engaged in a prescribed flight; or (c) a visiting government aircraft. > prescribed flight means a flight of an aircraft: (a) in the course of trade and commerce with other countries or among the States; or (b) within a Territory, between 2 Territories or between a State and a Territory; or (c) within a State. > Protocol means the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, being the Protocol to which Australia acceded on 23 October 1990, and whose English text is set out in Schedule 3. > remand includes further remand. > serious harm has the same meaning as in the Criminal Code. > threaten has the meaning given in section 4. > Tokyo Convention means the Convention on Offences and certain other Acts committed on board Aircraft, to which Australia acceded on 22 June 1970, and whose English text is set out in Schedule 4. > unlawful act, in Division 4 of Part 2, means an act described in section 10. > visiting government aircraft means an aircraft that: (a) is owned or operated by the government of a foreign country, or a part of such a country; and (b) is in Australia, or is engaged in a flight that started outside Australia and ends, or is intended to end, in Australia. #### 4 Meaning of threaten 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. #### 5 Aircraft flights: when do they start? For the purposes of this Act, a flight of an aircraft is taken to start: (a) when the last external door is closed in preparation for the first movement of the aircraft for the purpose of taking off on the flight; or (b) if the aircraft moves, before all the external doors are closed, for the purpose of taking off on the flight—when it first so moves. #### 6 Aircraft flights: when do they end? (1) Subject to this section, a flight of an aircraft is, for the purposes of this Act, taken to end when the first external door is opened after the aircraft comes to rest on the next landing it makes after starting the flight. (2) Where an aircraft makes a forced landing, its flight is, for the purposes of this Act, taken to end when the competent authorities take over responsibility for the aircraft and for the persons and property on board. (3) If, after an aircraft starts a flight: (a) the aircraft is destroyed before the flight is taken to have ended under subsection (1) or (2); or (b) the flight is abandoned; the flight is, for the purposes of this Act, taken to end when the aircraft is destroyed, or the flight is abandoned, as the case requires. #### 7 Aircraft flights between 2 parts of Australia For the purposes of this Act, a flight of an aircraft is taken to be a flight between 2 parts of Australia if the flight starts in one of those parts and ends, or is, when the flight starts, intended to end, in the other part. #### 8 Aircraft flights within a Territory For the purposes of this Act, a flight of an aircraft is taken to be a flight within a Territory if the flight starts in the Territory and ends, or is, when the flight starts, intended to end, in the Territory, whether or not the aircraft goes, or will or may go, outside the Territory during the flight. #### 8A Aircraft flights within a State For the purposes of this Act, a flight of an aircraft is taken to be a flight within a State if: (a) the flight starts in the State; and (b) the flight ends in the State or is, when the flight starts, intended to end, in the State; whether or not the aircraft goes, or will or may go, outside the State during the flight. #### 9 What is hijacking? 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. #### 10 What is an unlawful act? (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. ### Division 3—Extension of Act to external Territories etc. #### 11 Extension of Act to external Territories This Act extends to the external Territories. #### 12 Extra‑territorial operation This Act, and the provisions of the Tokyo Convention given the force of law by this Act, extend, unless the contrary intention appears: (a) to acts, omissions, matters and things outside Australia, whether or not in or over a foreign country; and (b) to all persons, irrespective of their nationality or citizenship. ### Division 4—Application of Criminal Code #### 12A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. ## Part 2—Offences ### Division 1—Hijacking and other acts of violence on board aircraft #### 13 Hijacking an offence (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 Convention requires 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. #### 14 Other acts of violence (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. ### Division 2—Other offences on board aircraft engaged in certain flights #### 15 Certain offences committed on aircraft (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 (iia) the Criminal Code 2002 of the Australian Capital Territory in its application to the Jervis Bay Territory; or (iii) the Prostitution Act 1992 of the Australian Capital Territory in its application to the Jervis Bay Territory; or (iv) 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. ### Division 3—Offences affecting aircraft and the safe operation of aircraft #### 16 Taking control of aircraft (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. #### 17 Destruction of aircraft (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. #### 18 Destruction of aircraft with intent to kill (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. #### 19 Prejudicing safe operation of aircraft (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. #### 20 Prejudicing safe operation of aircraft with intent to kill etc. (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. #### 20A Assaulting crew—general (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. #### 21 Assaulting crew—affecting performance of duty (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. #### 22 Endangering safety of aircraft—general (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. #### 22A Endangering safety of aircraft—acts also likely to endanger life or cause serious harm (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. #### 23 Dangerous goods—general (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. #### 23A Dangerous goods—acts likely to endanger life or cause serious harm (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. #### 24 Threats and false statements (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. ### Division 4—Offences relating to the safety of civil aviation and acts of violence at certain airports #### 25 Endangering the safety of aircraft in flight (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. #### 26 Acts of violence at certain airports (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. ### Division 5—Offences relating to Commonwealth aerodromes and air navigation facilities #### 27 Endangering safety of aerodromes etc. (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. #### 28 Threats and false statements (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. ## Part 3—Provisions giving effect to the Tokyo Convention #### 29 Certain provisions of Tokyo Convention to have force of law (1) The following provisions of the Tokyo Convention have the force of law: (a) the provisions of Chapter III; (b) the provisions of paragraph 1 of Article 16; (c) the provisions of Chapter I, to the extent that they affect the application or interpretation of the provisions of Chapter III or paragraph 1 of Article 16. (2) For the purposes of a provision of the Tokyo Convention mentioned in subsection (1), an aircraft that is the subject of a notice given before, on or after the commencing day under Article 18 of the Convention is taken to be registered in the State designated in the notice. (3) For the purposes of section 38 of the Judiciary Act 1903, a matter arising under a provision of the Tokyo Convention mentioned in subsection (1) is taken not to be a matter arising directly under a treaty. #### 30 Authorised person may accept delivery of persons (1) An authorised person may accept delivery of a person delivered under paragraph 1 of Article 9 of the Tokyo Convention. (2) An authorised person who accepts delivery of a person must cause the person: (a) to be brought, as soon as practicable, before a magistrate to be dealt with under this Act; and (b) to be held in custody until the person can be so brought before a magistrate. #### 31 Application of Migration Act etc. (1) Where a person has been: (a) disembarked in Australia under paragraph 1 of Article 8 of the Tokyo Convention; or (b) delivered to a person in Australia under paragraph 1 of Article 9 of that Convention; or (c) taken into custody in Australia under subsection 33(1) of this Act or subsection 8(2) of the Civil Aviation (Offenders on International Aircraft) Act 1970 in respect of an act mentioned in paragraph 1 of Article 11 of that Convention; and Australia is entitled, under that Convention, to exercise, in relation to the person, the powers of a State of landing under paragraph 1 of Article 14, the person may be deported under the Migration Act 1958 or the Immigration Act 1980 of Norfolk Island, as the case may be. (2) Nobody is liable to be prosecuted for an offence under the Migration Act 1958, or under the Immigration Act 1980 of Norfolk Island, that is committed solely as a result of anyone having been: (a) disembarked in Australia under paragraph 1 of Article 8 of the Tokyo Convention; or (b) delivered to a person in Australia under paragraph 1 of Article 9 of that Convention; or (c) taken into custody in Australia under subsection 33(1) of this Act or subsection 8(2) of the Civil Aviation (Offenders on International Aircraft) Act 1970 in respect of an act mentioned in paragraph 1 of Article 11 of that Convention. (3) This section extends to anything done before the commencing day. ## Part 4—Restoring control of aircraft and dealing with offenders #### 32 Restoring control of aircraft (1) Where Australia is required, under a Convention provision, to take all appropriate measures to restore control of an aircraft to its lawful commander, or to preserve the lawful commander’s control of the aircraft, an authorised person may take such action, and in particular may use such force and assistance, as is reasonably necessary to ensure compliance with the requirement. (2) In this section: > Convention provision means: (a) paragraph 1 of Article 11 of the Tokyo Convention; or (b) paragraph 1 of Article 9 of the Hague Convention. #### 33 Taking offenders into custody (1) Where an authorised person reasonably suspects that a person has committed a prohibited act, the authorised person may cause the person to be taken into custody. (2) An authorised person who causes a person to be taken into custody must, unless subsection (2A) applies, cause the person: (a) to be brought, as soon as practicable, before a magistrate to be dealt with under this Act; and (b) to be held in custody until the person can be so brought before a magistrate. (2A) Where an authorised person causes a person to be taken into custody on board an aircraft that is engaged in a flight that ends in a foreign country, the authorised person must cause the person: (a) to be delivered into the custody of a member, however described, of a police force of that foreign country; and (b) to be held in custody until the person can be so delivered. (3) This section does not prevent the arrest of a person under any other law for an offence against this Act. (4) In this section: > prohibited act means: (a) a Convention offence; or (b) an act resulting in Article 6 of the Hague Convention applying in respect of the relevant person; or (c) an act resulting in Article 6 of the Montreal Convention applying in respect of the relevant person; or (d) an act mentioned in paragraph 1 of Article 11 of the Tokyo Convention (other than an act covered by paragraph (a), (b) or (c)), or an attempt to do such an act. #### 34 Arrest of offenders (1) The person in command of a prescribed aircraft may, with such assistance as is reasonably necessary, arrest, without warrant, anyone whom he or she finds committing, or reasonably suspects has committed, an offence against a provision of Part 2 on board the aircraft. (2) Where a person is arrested under subsection (1), the person in command of the prescribed aircraft concerned, or anyone authorised by the person in command, may hold the arrested person in custody until he or she can be taken into other custody under section 33 or brought before a magistrate to be dealt with in accordance with law. (3) This section does not prevent the arrest of a person under any other law for an offence against this Act. #### 35 Restraining persons from committing offences The person in command of a prescribed aircraft may, with such assistance as is necessary: (a) keep anyone who is on board the aircraft under restraint or in custody until the next landing of the aircraft; and (b) remove anyone from the aircraft at any place where the aircraft is on land; if the person in command thinks it necessary to do so to prevent an offence against this Act being committed on board the aircraft. #### 36 Arrest of persons who escape from custody If a person in custody under section 30, 33 or 34 in a State or Territory escapes from that custody, the person may be: (a) arrested in the same way as anyone who escapes from lawful custody may be arrested under the law of that State or Territory; and (b) returned to the custody from which he or she escaped. #### 37 Preliminary inquiries (1) Where: (a) a person is taken into custody under section 30, 33 or 34, or is arrested on a charge of a Convention offence; and (b) the Minister or an authorised person thinks that an inquiry under this section is appropriate; the Minister or authorised person may, by written notice, authorise a magistrate to hold an inquiry into the facts relating to the alleged offence. (2) Upon receipt of a notice, the magistrate must hold an inquiry accordingly. (3) The magistrate of a State or Territory who holds an inquiry must take the evidence of each witness who gives evidence in the inquiry in the same way as if the witness were giving evidence on a charge against someone for an indictable offence against the law in force in that State or Territory. (4) The evidence of a witness may be taken in the presence or absence of the person taken into custody or charged with the offence. (5) The evidence of a witness must not be taken in the absence of the person taken into custody or charged with the offence unless the magistrate is satisfied that: (a) there is good reason why the person cannot be present, or should not be permitted to be present; or (b) the person has refused to be present. (6) The magistrate must: (a) cause a written record to be made of evidence taken under this section; and (b) certify at the end of the record that the evidence was taken by the magistrate, indicating whether, and to what extent, the evidence was so taken in the presence or absence of the person taken into custody or charged; and (c) cause the certified record to be sent to the Attorney‑General. #### 38 Proceedings before magistrate on warrant for arrest Where: (a) a person is brought or appears before a magistrate under this Act; and (b) a warrant for the arrest of the person for the purposes of criminal or extradition proceedings in relation to an offence under this Act is produced to the magistrate; the magistrate must make such order as is appropriate for the execution of the warrant. #### 39 Proceedings before magistrate where warrant not produced (1) Where: (a) a person is brought or appears before a magistrate under this Act; and (b) a warrant of the kind described in paragraph 38(b) for the arrest of the person is not produced to the magistrate; the magistrate must: (c) if satisfied that more time is reasonably required for deciding whether criminal or extradition proceedings should be started against the person—remand the person, either in custody or on bail, for a period not longer than 7 days; or (d) if not so satisfied—order that the person be released from custody. (2) A person remanded for a period under subsection (1) must be brought before a magistrate at the end of that period. (3) If a person remanded on bail under subsection (1) does not appear before a magistrate in accordance with the person’s recognizance, a magistrate may issue a warrant for the arrest of the person and for bringing the person before a magistrate. #### 40 Release of person remanded in custody If a person remanded in custody under section 39 is still held in that custody on the day 2 months after the date of the first of the orders under section 39 under which the person has been held, the person must be released. ## Part 5—Miscellaneous #### 41 Evidence: record of evidence taken at preliminary inquiries (1) A document certified by the Attorney‑General to be a record of evidence sent to the Attorney‑General under section 37 is admissible in evidence in any of the following: (a) proceedings under section 38 or 39; (b) proceedings in respect of an offence against this Act; (c) proceedings under the Extradition Act 1988; and, when so admitted, the evidence recorded in it is evidence in the proceedings. (2) The magistrate or court hearing proceedings in respect of an offence against this Act must not admit in evidence a document mentioned in subsection (1), or any part of it, unless the magistrate or court thinks that, in all the circumstances, it would be unjust not to do so. #### 42 Evidence: entry into force of Conventions All courts must take judicial notice that: (a) the Hague Convention entered into force on 14 October 1971 under paragraph 3 of Article 13 of the Convention; and (b) the Montreal Convention entered into force on 28 January 1973 under paragraph 3 of Article 15 of the Convention; and (c) the Protocol entered into force on 6 August 1989 under paragraph 1 of Article VI of the Protocol; and (d) the Tokyo Convention entered into force on 4 December 1969 under paragraph 1 of Article 21 of the Convention. #### 43 Evidence of matters relating to Conventions (1) The Foreign Affairs Minister may give a written certificate stating: (a) that a particular Convention entered into force for a particular country on a particular day; or (b) that a particular country has not denounced a particular Convention; or (c) that a particular country has denounced a particular Convention and the denunciation took effect on a particular day. (2) Australia may be named in a certificate under subsection (1). (3) A certificate given under subsection (1) is admissible in any proceedings as prima facie evidence of the matters stated in the certificate. (4) In this section: > Convention means the Hague Convention, the Montreal Convention, the Tokyo Convention or the Protocol. #### 44 Evidence relating to notices to ICAO (1) The Minister administering the Air Navigation Act 1920 may give a written certificate stating matters about a notice given to the International Civil Aviation Organisation, and communicated to Australia, under: (a) Article 5 of the Hague Convention; or (b) Article 9 of the Montreal Convention. (2) A certificate given under subsection (1) is admissible in any proceedings as prima facie evidence of the matters stated in the certificate. #### 45 Offences under subsections 14(1) and 15(1): are they indictable? The question whether an offence against subsection 14(1) or 15(1) must or may be prosecuted or dealt with on indictment or summarily must be decided under the law that would apply to a prosecution in the Jervis Bay Territory if the act or omission alleged to constitute the offence had occurred in that Territory. #### 46 Alternative verdicts (1) A person charged before a court, other than a prescribed court, with an offence against subsection 14(1) or 15(1) may be found guilty of any other offence against that subsection of which the person could have been found guilty if: (a) the act or omission alleged to constitute the first‑mentioned offence had occurred in the Jervis Bay Territory; and (b) the person had been charged with the first‑mentioned offence before a prescribed court. (2) In this section: > prescribed court means a court of the Australian Capital Territory exercising jurisdiction in or in relation to the Jervis Bay Territory. #### 47 Venue (1) If: (a) a person is being tried in a State or Territory court for an offence against this Act committed on an aircraft in flight; and (b) the act constituting the offence, or any part of the offence, is proved; it must be presumed, in the absence of evidence to the contrary, that the act took place in that State or Territory. (2) If the information, complaint or indictment relating to an offence against this Act committed on an aircraft in flight specifies the flight in which the aircraft was engaged, it need not also specify the part of Australia, or other place, where the offence was committed. #### 48 Change of venue (1) Where, after an indictment for an offence against this Act committed on an aircraft in flight is presented in a State or Territory court, and before a verdict is given: (a) the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia; and (b) the court is satisfied that the offence, if committed, was committed in that other part of Australia; the court must immediately make the following orders: (c) that the proceedings on the indictment be discontinued; (d) if a jury is empanelled—that the jury be discharged; (e) that the defendant appear before a specified court of the first‑mentioned State or Territory at a specified time to be dealt with in accordance with this section. (2) The court must not specify a time, for the purposes of paragraph (1)(e), that is later than 28 days after the day on which the order is made. (3) Where a court makes an order under subsection (1), it may also: (a) order that the defendant be kept in the custody specified in the order; or (b) admit the defendant to bail on such recognizances as it thinks fit. (4) If, before the time when the defendant is to appear before a court, the Attorney‑General or the Director of Public Prosecutions notifies that court that an indictment will not be filed against the defendant in a court of another part of Australia, the notified court must, as soon as practicable after it is notified, make an order: (a) discharging the defendant from the obligation to appear before that court at that time; and (b) if the defendant is in custody—directing that the defendant be released; and (c) if the defendant has been admitted to bail—directing that the relevant recognizances be discharged. (5) If, at or before the time when the defendant is to appear before a court, the Attorney‑General or the Director of Public Prosecutions notifies that court that an indictment has been filed against the defendant in a court of another part of Australia, the notified court must make an order directing: (a) that the defendant be taken, as soon as practicable and in the custody of such person as it directs, to the part of Australia where the indictment was filed; and (b) that the defendant there be delivered to the custody of a person who has authority to arrest the defendant; and may make such other orders as it thinks necessary for carrying out that order. (6) An order under subsection (5) must be made: (a) if the defendant is in custody—immediately after the court is notified under that subsection; and (b) in any other case—as soon as practicable after the time when the defendant is required to appear before the court. (7) If: (a) the court before which the defendant is to appear is not notified by the Attorney‑General or the Director of Public Prosecutions under subsection (4) or (5); and (b) the defendant is held in custody; the court must, at the time when the defendant is required to appear before it, make an order directing that the defendant be released. (8) Where an order has been made under paragraph (1)(c) in relation to an indictment, the proceedings on the indictment, and the order, do not prevent or prejudice any other indictment or any information against the defendant on the same charge or any other charge. (9) The jurisdiction of a court under subsections (1) and (3) may be exercised by the court constituted by a single judge. (10) The jurisdiction of a court under subsection (4), (5) or (7) may be exercised by the court constituted by a single judge or magistrate. #### 49 Search powers (1) If, in relation to a Division 2 aircraft or a Division 3 aircraft, the person in command of the aircraft, or an authorised person, reasonably suspects that an offence against Division 2 or 3 of Part 2 has been, is being or may be committed on board, or in relation to, the aircraft, he or she may, with such assistance as is reasonably necessary, search or cause to be searched: (a) the aircraft and any person, luggage or freight on board; and (b) in the case of a Division 3 aircraft that 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. (2) If an authorised person reasonably suspects that an offence against Division 5 of Part 2 has been, is being or may be committed in respect of a Commonwealth aerodrome, or Commonwealth air navigation facilities, he or she may, with such assistance as is reasonably necessary, search or cause to be searched: (a) any person, luggage, freight or vehicle found within the limits, or in the vicinity, of the aerodrome or facilities; or (b) any area in the vicinity of the aerodrome or facilities. (3) A person may only be searched under this section by someone who is of the same sex. #### 50 Operation of other laws (1) Subject to this section, this Act does not exclude or limit the operation of any other law of the Commonwealth, or of a State or Territory. (2) If: (a) a person’s act or omission is both an offence against this Act and an offence against another Act or against a law of a State or Territory; and (b) the person is convicted of either of those offences; the person cannot also be convicted of the other offence. (3) If a person has been convicted of an offence in respect of an act or omission under the law of a foreign country, the person cannot also be convicted of an offence against this Act in respect of that act or omission. #### 51 Arrangements about magistrates (1) The Governor‑General may: (a) arrange with the Governor of a State for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of that State; or (b) arrange with the Administrator of the Northern Territory for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of the Northern Territory. (2) The Minister may arrange with the Chief Minister for the Australian Capital Territory for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as magistrates of that Territory. (3) A copy of each arrangement under this section must be published in the Gazette. #### 52 Regulations The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient for carrying out or giving effect to this Act or to the Hague Convention, the Montreal Convention, the Tokyo Convention or the Protocol; and, in particular, may make regulations: (c) about the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation and the payment of witnesses’ expenses in proceedings before magistrates under this Act; and (d) about any other matter of practice or procedure in connection with such proceedings; and (e) about the protection and immunity of magistrates, legal practitioners and witnesses in connection with such proceedings; and (f) imposing pecuniary penalties of not more than $500, for offences against the regulations. #### 54 Transitional and savings (1) A person who, immediately before the commencing day, was an authorised person for the purposes of a provision of the Civil Aviation (Offenders on International Aircraft) Act 1970, the Crimes (Hijacking of Aircraft) Act 1972 or the Crimes (Protection of Aircraft) Act 1973, is, on and after that day, taken to be an authorised person for the purposes of the corresponding provision of this Act unless and until the Minister, by written instrument, determines otherwise. (2) A person who, immediately before the commencing day, was an authorised person for the purposes of section 26 of the Crimes (Aircraft) Act 1963 is, on and after that day, taken to be appointed to be an authorised person for the purposes of section 49 of this Act. (3) A notice published in the Gazette under section 19 of the Civil Aviation (Offenders on International Aircraft) Act 1970, section 25 of the Crimes (Hijacking of Aircraft) Act 1972, or section 22 of the Crimes (Protection of Aircraft) Act 1973, and in force immediately before the commencing day, continues to have effect on and after that day as if it were a notice published in the Gazette under section 43 of this Act. (4) Subject to section 31 and the regulations, where, before the commencing day, a person had been arrested, taken into custody or remanded in custody, or was being held in custody, under a provision of the Civil Aviation (Offenders on International Aircraft) Act 1970, the Crimes (Hijacking of Aircraft) Act 1972 or the Crimes (Protection of Aircraft) Act 1973, that Act continues to apply in relation to the person on and after that day as if it had not been repealed.