Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p55
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 55/169)
Character Range: 1327183–1330022

the defendant; and
 (e) a carriage service was 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.

General
 (3) In a prosecution for an offence against subsection (1) or (2), if the prosecution proves beyond reasonable doubt that an air passenger ticket was obtained, then it is presumed, unless the defendant proves to the contrary, that a carriage service was used to obtain the ticket.
Note: A defendant bears a legal burden in relation to the matter in this subsection: see section 13.4.
 (4) Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).
Note: For absolute liability, see section 6.2.

376.4  False identification information—air passenger tickets for constitutional flights

Constitutional flight 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) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months.

Constitutional flight 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 person as a passenger on the flight; and
 (d) the information is false in relation to the defendant; and
 (e) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months.

General
 (3) Absolute liability applies to paragraphs (1)(e) and (2)(e).
Note: For absolute liability, see section 6.2.
 (4) In this section:
constitutional flight means:
 (a) a flight that starts or ends in a Territory; or
 (b) a flight between Australia and a foreign country in which an aircraft is used in the course of trade or commerce, for the carriage of passengers; or
 (c) a flight between one State and another State in which an aircraft is used in the course of trade or commerce, for the carriage of passengers.

376.5  False identification information—extended jurisdiction (Category D)
  Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to the offences in sections 376.3 and 376.4.

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