Document ID: chunk:federal_register_of_legislation:C2012A00167:clause:2_9:p1
Version: federal_register_of_legislation:C2012A00167
Segment Type: clause
Provision Reference: sch 2 cl 9 (pt 1/3)
Character Range: 40917–43731

9  At the end of Part 9.5 of the Criminal Code
Add:

Division 376—False identity and air travel

376.1  Definitions for Division 376
  In this Division:
air passenger ticket, for a flight, means a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on:
 (a) the flight; or
 (b) a journey that includes the flight.
false: identification information relating to a person is false if it is false in a material particular that affects the capacity of the information to be used (whether alone or in conjunction with other information or documents) to identify the person.
Note: For the meaning of identification information, see section 370.1.

376.2  False identification information—at constitutional airports
 (1) A person (the defendant) commits an offence if:
 (a) the defendant uses information at a place; and
 (b) the defendant does so reckless as to whether the information is used to identify the defendant as a passenger on a flight; and
 (c) the information is identification information; and
 (d) the information is false in relation to the defendant; and
 (e) the place is a constitutional airport.
Penalty: Imprisonment for 12 months.
 (2) Absolute liability applies to paragraph (1)(e).
Note: For absolute liability, see section 6.2.
 (3) In this section:
constitutional airport means:
 (a) a Commonwealth aerodrome within the meaning of the Crimes (Aviation) Act 1991 (see section 3 of that Act); or
 (b) another airport, if the airport is in a Territory.

376.3  False identification information—air passenger tickets obtained using a carriage service

Carriage service offence—using information to obtain an air passenger ticket
 (1) A person (the defendant) commits an offence if:
 (a) the defendant uses information; and
 (b) the defendant does so:
 (i) with the result that an air passenger ticket for a flight is obtained (whether by the defendant or another person); and
 (ii) reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
 (c) the information is identification information; and
 (d) the information is false in relation to the person who takes, or intends to take, the flight using the ticket; and
 (e) a carriage service is used (whether by the defendant or another person) to obtain the ticket; and
 (f) the flight starts or ends within Australia.
Penalty: Imprisonment for 12 months.

Carriage service offence—taking a flight using an air passenger ticket
 (2) A person (the defendant) commits an offence if:
 (a) the defendant takes a flight using an air passenger ticket; and
 (b) identification information was used (whether by the defendant or another person) to obtain the ticket; and
 (c) the information resulted in the identification of a