Migration Act 1958

This section allows the commander of a Commonwealth aircraft to make requests of the pilot of another aircraft that:

if the other aircraft is an Australian aircraft—is over anywhere except a foreign country; and

if the other aircraft is not an Australian aircraft—is over Australia.

If the commander cannot identify the other aircraft, the commander may:

use his or her aircraft to intercept the other aircraft in accordance with the practices recommended in Annex 2 (headed “Rules of the Air”) to the Convention on International Civil Aviation done at Chicago on 7 December 1944 (that was adopted in accordance with that Convention); and

request the pilot of the other aircraft to disclose to the commander:

the identity of the other aircraft; and

the identity of all persons on the other aircraft; and

the flight path of the other aircraft; and

the flight plan of the other aircraft.

The commander may request the pilot of the other aircraft to land it at the nearest proclaimed airport, or at the nearest suitable landing field, in Australia for boarding for the purposes of this Act if:

the pilot does not comply with a request under subsection (2); or

the commander reasonably suspects that the other aircraft is or has been involved in a contravention, or attempted contravention, of this Act.

Section 245F gives power to board the aircraft and search it once it has landed.

Any reasonable means may be used to make a request under this section.

To avoid doubt, a request is still made under this section even if the pilot did not receive or understand the request.

The pilot of the other aircraft must comply with a request made under this section.

Subsection (6) does not apply if the pilot has a reasonable excuse.

A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).