Aviation Transport Security Act 2004

A person does not commit an offence against this Act if:

a physical element of the offence exists (whether directly or indirectly) because the pilot in command of an aircraft engaged in conduct in the operation or control of the aircraft; and

without the existence of that physical element the person would not commit the offence; and

the pilot engaged in the conduct to protect the safety or security of:

the aircraft; or

the aircraft’s cargo; or

a person (whether on board the aircraft or not); or

another aircraft; or

an airport, or an airport facility or other installation within an airport; and

the conduct was reasonable in the circumstances.

A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).

If:

a person is required to comply with a special security direction; and

compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

If:

a person is required to comply with a compliance control direction or an incident control direction; and

compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).