Document ID: chunk:federal_register_of_legislation:C2018C00156:section:25
Version: federal_register_of_legislation:C2018C00156
Segment Type: section
Provision Reference: s 25
Character Range: 34033–35918

25  Endangering the safety of aircraft in flight
 (1) A person who commits an unlawful act of the kind mentioned in subsection 10(1) commits an offence if any of the following applies:
 (a) the Montreal Convention requires Australia to make the act punishable;
 (b) the aircraft concerned is:
 (i) an aircraft in service in the course of, or in connection with, a prescribed flight; or
 (ii) a Commonwealth aircraft; or
 (iii) a defence aircraft; or
 (iv) a visiting government aircraft;
 (c) the person is an Australian citizen who commits the act outside Australia.
Penalty: Imprisonment for 20 years.
 (2) A person who commits an unlawful act of the kind mentioned in subsection 10(2) commits an offence if any of the following applies:
 (a) the Montreal Convention requires Australia to make the act punishable;
 (b) except where paragraph (c) applies, the aircraft concerned is:
 (i) an aircraft in service in the course of, or in connection with, a prescribed flight; or
 (ii) a Commonwealth aircraft; or
 (iii) a defence aircraft; or
 (iv) a visiting government aircraft;
 (c) in the case of an act relating to air navigation facilities—the facilities are used in connection with:
 (i) prescribed flights; or
 (ii) flights of Commonwealth aircraft; or
 (iii) flights of defence aircraft; or
 (iv) flights of visiting government aircraft;
 (d) the person is an Australian citizen who commits the act outside Australia.
Penalty: Imprisonment for 20 years.
 (2A) Absolute liability applies to paragraphs (1)(a), (b) and (c), and (2)(a), (b), (c) and (d).
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (3) A person cannot be tried for an offence against subsection (1) or (2) merely because paragraph (1)(a) or (2)(a), as the case may be, applies unless Article 5 of the Montreal Convention requires Australia to establish its jurisdiction over the offence.