Weapons on board an aircraft—strict liability
48 Weapons on board an aircraft—strict liability
A person commits an offence if:
the person is on board a prescribed aircraft; and
the person:
carries a weapon; or
otherwise has in his or her possession a weapon that is located at a place that is accessible to the person; and
the person is not a law enforcement officer; and
the carriage or possession of the weapon is not authorised by the regulations or permitted in writing by the Secretary; and
neither of the following apply:
the weapon is under the control of the pilot in command of the aircraft because the weapon forms part of the equipment of the aircraft in accordance with the operations manual for the aircraft;
the weapon is under the control of the pilot in command of the aircraft because an animal that could endanger the safety of the aircraft, or the safety of people on board the aircraft, is being carried on board the aircraft.
Penalty: 100 penalty units.
Subsection (1) is an offence of strict liability.
Carriage of weapons on an aircraft is also subject to provisions in the Civil Aviation Act 1988 and the Crimes (Aviation) Act 1991.
This provision refers to the regulations (the regulations
). Made under this Act:
- Aviation Transport Security Regulations 2005 · under s 133(1)
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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