Document ID: chunk:federal_register_of_legislation:C2018C00156:section:21
Version: federal_register_of_legislation:C2018C00156
Segment Type: section
Provision Reference: s 21
Character Range: 26093–27357

21  Assaulting crew—affecting performance of duty
 (1) A person must not, while on board a Division 3 aircraft, assault, threaten with violence, or otherwise intimidate, a member of the crew of the aircraft in a manner that results in:
 (a) an interference with the member's performance of functions or duties connected with the operation of the aircraft; or
 (b) a lessening of the member's ability to perform those functions or duties.
Penalty: Imprisonment for 20 years.
 (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
Note: For absolute liability, see section 6.2 of the Criminal Code.

Alternative verdicts
 (3) On a trial for an offence against subsection (1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection 20A(1) if:
 (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (1) of this section; and
 (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 20A(1); and
 (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.