Endangering the safety of aircraft in flight
25 Endangering the safety of aircraft in flight
A person who commits an unlawful act of the kind mentioned in subsection 10(1) commits an offence if any of the following applies:
the Montreal Convention requires Australia to make the act punishable;
the aircraft concerned is:
an aircraft in service in the course of, or in connection with, a prescribed flight; or
a Commonwealth aircraft; or
a defence aircraft; or
a visiting government aircraft;
the person is an Australian citizen who commits the act outside Australia.
Penalty: Imprisonment for 20 years.
A person who commits an unlawful act of the kind mentioned in subsection 10(2) commits an offence if any of the following applies:
the Montreal Convention requires Australia to make the act punishable;
except where paragraph (c) applies, the aircraft concerned is:
an aircraft in service in the course of, or in connection with, a prescribed flight; or
a Commonwealth aircraft; or
a defence aircraft; or
a visiting government aircraft;
in the case of an act relating to air navigation facilities—the facilities are used in connection with:
prescribed flights; or
flights of Commonwealth aircraft; or
flights of defence aircraft; or
flights of visiting government aircraft;
the person is an Australian citizen who commits the act outside Australia.
Penalty: Imprisonment for 20 years.
Absolute liability applies to paragraphs (1)(a), (b) and (c), and (2)(a), (b), (c) and (d).
For absolute liability, see section 6.2 of the Criminal Code.
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.
This Act’s bill:Second reading speech
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