Aircraft Offences Act 1971

This Act may be cited as the Aircraft Offences Act 1971.

In this Act, unless the contrary intention appears—

aircraft includes any machine that can derive support in the atmosphere from the reactions of the air;

landing includes alighting on water;

member of the crew, in relation to an aircraft, means a person having duties or functions on board the aircraft;

the Air Navigation Regulations means the regulations known as the Air Navigation Regulations as in force for the time being under the Air Navigation Act 1920 of the Commonwealth as in force from time to time and includes any of those regulations as in force by virtue of a law of the State;

the Commonwealth Act means the Crimes (Aircraft) Act 1963 of the Commonwealth as in force from time to time.

For the purposes of this Act—

a flight of an aircraft shall be taken to commence—

at the time of the closing of the last external door of the aircraft to be closed before the aircraft first moves for the purpose of taking off from any place; or

if subparagraph (i) of this paragraph is not applicable—at the time at which the aircraft first moves for the purpose of taking off from any place; and

a flight of an aircraft shall be taken to end—

at the time of the opening of the first external door of the aircraft to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or

if subparagraph (i) of this paragraph is not applicable—at the time at which the aircraft comes to rest after its next landing after the commencement of the flight, or, if the aircraft is destroyed or the flight is abandoned, before either subparagraph (i) or subparagraph (ii) of this paragraph becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.

A flight of an aircraft shall, for the purposes of this Act, be taken to be a flight within the State where the flight commences in the State and ends, or is, at the commencement of the flight, intended to end, in the State, whether or not the aircraft may or will, in the course of the flight, go outside the State.

This Part applies to any aircraft that is engaged in a flight within the State.

Any person who, while on board an aircraft to which this Part applies, does or omits to do an act or thing the doing or omission of which, if it took place in the State would be an offence against a law of the State, may be proceeded against and dealt with in all respects as if the act or thing had been done or omitted to be done in the State.

This Part applies to—

an aircraft within the State; and

an aircraft engaged in a flight within the State.

A person shall not, without lawful excuse, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies.

Penalty: Imprisonment for seven years.

A person shall not, without lawful excuse, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies while another person, not being an accomplice of the first-mentioned person, is on board the aircraft.

Penalty: Imprisonment for fourteen years.

A person shall not, without lawful excuse, by force or violence or threat of force or violence, or by any trick or false pretence, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies while another person, not being an accomplice of the first-mentioned person, is on board the aircraft.

Penalty: For any contravention of this subsection, imprisonment for twenty years.

A person shall not wilfully destroy an aircraft to which this Part applies.

Penalty: Imprisonment for fourteen years.

A person who destroys an aircraft to which this Part applies with intent to cause the death of a person or with reckless indifference to the safety of the life of a person shall be guilty of an offence and liable to be imprisoned for life.

A person shall not do an act or thing capable of prejudicing the safe operation of an aircraft to which this Part applies with intent to prejudice the safe operation of that aircraft.

Penalty: Imprisonment for fourteen years.

A person who does an act or thing capable of prejudicing the safe operation of an aircraft to which this Part applies—

with intent to prejudice the safe operation of that aircraft; and

with intent to cause the death of a person or with reckless indifference to the safety of the life of a person, shall be guilty of an offence and liable to be imprisoned for life.

A person shall not, while on board an aircraft to which this Part applies, assault, intimidate or threaten with violence a member of the crew of the aircraft so as to interfere with the performance by the member of his functions or duties connected with the operation of the aircraft or so as to lessen his ability to perform those functions or duties.

Penalty: Imprisonment for fourteen years.

A person shall not, while on board an aircraft to which this Part applies, do any Act or thing that, to his knowledge, is likely to endanger the safety of the aircraft.

Penalty: Imprisonment for seven years.