Document ID: chunk:federal_register_of_legislation:C2004A04103:body:0:p9
Version: federal_register_of_legislation:C2004A04103
Segment Type: other
Provision Reference: 
Character Range: 21055–23968

Crimes (Protection of Aircraft) Act 19734.

Long title

32. The title of the Principal Act is repealed and the following title is substituted:

"An Act to approve Australia's ratification of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, and its accession to the supplementary Protocol, and to give effect to the Convention and the Protocol, and to create certain offences relating to unlawful acts against the safety of civil aviation and to acts of violence at airports".

Interpretation

  33. Section 3 of the Principal Act is amended:

     (a) by omitting "the Schedule" from the definition of "Convention" in subsection (1) and substituting "Schedule 1";

     (b) by inserting "or 7 (2a) (a)" after "7 (2) (a)" in the definition of "Convention offence" in subsection (1);

  (c) by inserting in subsection (1) the following definition:

     " 'Protocol' means the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, being the Protocol the English text of which is set out in Schedule 2;".

Approval of ratification of Convention and accession to Protocol

34. Section 6 of the Principal Act is amended by adding at the end the following subsection:

  "(2) Australia's accession to the Protocol is approved.".

Offences

  35. Section 7 of the Principal Act is amended:

   (a) by inserting after subsection (1) the following subsection:

     "(1a) A person is guilty of an offence against this Act if the person:

         (a) unlawfully and intentionally uses a device, substance or weapon:

             (i) to perform an act of violence against a person at a prescribed airport that causes, or is likely to cause, serious injury or death; or

             (ii) to destroy or seriously damage the facilities of a prescribed airport; or

             (iii) to destroy or seriously damage any aircraft not in service that is at a prescribed airport; or

          (iv) to disrupt the services of a prescribed airport;

         and the act endangers, or is likely to endanger, the safe operation of the airport or the safety of persons at the airport; or

      (b) attempts to do an act described in paragraph (a); or

         (c) is an accomplice of a person who does or attempts to do an act described in paragraph (a);

     and the circumstances specified in paragraph (2a) (a) or (2a) (b), or both, are applicable.";

  (b) by inserting after subsection (2) the following subsection:

      "(2a) The circumstances mentioned in subsection (1a) are:

         (a) where the Convention, read together with the Protocol, requires Australia to make the conduct concerned punishable; or

         (b) if the conduct concerned is that described in subparagraph (1a) (a) (iii)—where the aircraft