AVIATION CRIMES AND POLICING LEGISLATION AMENDMENT BILL 2010

i Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010

Contents

1 Short

title

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2 Commencement

.................................................................................

3 Schedule(s)

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Schedule 1--Aviation crimes

Crimes (Aviation) Act 1991

Schedule 2--Policing at airports

Australian Federal Police Act 1979

Commonwealth Places (Application of Laws) Act 1970

Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010 1

A Bill for an Act to amend the law relating to

crimes, and policing, on aircraft and at airports,

and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Aviation Crimes and Policing

Legislation Amendment Act 2010.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010

Commencement information

Column 1

Column 2

Column 3

Provision(s) Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1

and 2

The 28th day after this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Aviation crimes Schedule 1

Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010 3

Schedule 1--Aviation crimes

Crimes (Aviation) Act 1991

1 Subsection 3(1)

Omit "(1) In this Act", substitute "In this Act".

2 Subsection 3(1) (definition of Commonwealth aerodrome)

Omit all the words after paragraph (a), substitute:

(b) a core regulated airport within the meaning of the Airports

Act 1996;

and includes any building, structure, installation or equipment in

that area, or on the land that forms the core regulated airport, that is

provided for use in connection with the operation of that area or

land as an aerodrome or airport.

3 Subsection 3(1) (definition of Federal airport)

Repeal the definition.

4 Subsection 3(1)

Insert:

serious harm has the same meaning as in the Criminal Code.

5 Subsection 16(1)

Omit "7 years", substitute "10 years".

6 Subsection 19(1) (penalty)

Omit "14 years", substitute "20 years".

7 After section 20

Insert:

20A Assaulting crew--general

(1) A person commits an offence if:

(a) the person is on board an aircraft; and

(b) the aircraft is a Division 3 aircraft; and

Schedule 1 Aviation crimes

4 Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010

another person; and

(d) the other person is a member of the crew of the aircraft.

Penalty: Imprisonment for 10 years.

(2) Absolute liability applies to paragraph (1)(b).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

8 Subsection 21(1) (penalty)

Omit "14 years", substitute "20 years".

Note:

The heading to section 21 is altered by adding at the end "--affecting performance of

duty".

9 At the end of section 21 (after the note)

Add:

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

relation to that finding of guilt.

10 Subsection 22(1) (penalty)

Omit "7 years", substitute "10 years".

Note:

The heading to section 22 is altered by adding at the end "--general".

11 After section 22

Insert:

22A Endangering safety of aircraft--acts also likely to endanger life

or cause serious harm

(1) A person commits an offence if:

Aviation crimes Schedule 1

Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010 5

(a) the person commits an offence against subsection 22(1); and

(b) the act constituting the offence is likely to endanger a

person's life or cause serious harm to a person.

Penalty: Imprisonment for 14 years.

Note:

Subsection 22(1) provides for an offence of endangering the safety of

a Division 3 aircraft.

(2) There is no fault element for the physical element described in

paragraph (1)(a) other than the fault elements (however applying),

if any, for the physical elements of the offence against subsection

22(1).

(3) To avoid doubt, a person does not commit an offence against

subsection 22(1) for the purposes of paragraph (1)(a) of this section

if the person has a defence to the offence against subsection 22(1).

(4) For the purposes of paragraph (1)(b), an act is taken to be likely to

cause serious harm to a person if it is likely to substantially

contribute to serious harm to a person.

Alternative verdicts

(5) 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 22(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 22(1); and

relation to that finding of guilt.

12 Subsection 23(1) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years.

Note:

The heading to section 23 is altered by adding at the end "--general".

13 After section 23

Insert:

Schedule 1 Aviation crimes

6 Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010

23A Dangerous goods--acts likely to endanger life or cause serious

harm

(1) A person commits an offence if:

(a) the person commits an offence against subsection 23(1); and

(b) the act constituting the offence is likely to endanger a

person's life or cause serious harm to a person.

Penalty: Imprisonment for 14 years.

Note:

Subsection 23(1) provides for offences relating to dangerous goods

and Division 3 aircraft.

(2) There is no fault element for the physical element described in

paragraph (1)(a) other than the fault elements (however applying),

if any, for the physical elements of the offence against subsection

23(1).

(3) To avoid doubt, a person does not commit an offence against

subsection 23(1) for the purposes of paragraph (1)(a) if the person

has a defence to the offence against subsection 23(1).

(4) For the purposes of paragraph (1)(b), an act is taken to be likely to

cause serious harm to a person if it is likely to substantially

contribute to serious harm to a person.

Alternative verdicts

(5) 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 23(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 23(1); and

relation to that finding of guilt.

14 Subsection 24(1) (penalty)

Omit "2 years", substitute "10 years".

15 Subsection 24(2) (penalty)

Omit "2 years", substitute "10 years".

Aviation crimes Schedule 1

Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010 7

16 Subsection 25(1) (penalty)

Omit "14 years", substitute "20 years".

17 Subsection 25(2) (penalty)

Omit "7 years", substitute "20 years".

18 Subsection 26(1) (penalty)

Omit "15 years", substitute "20 years".

19 Subsection 26(2) (penalty)

Omit "10 years", substitute "14 years".

20 Subsection 27(1) (penalty)

Omit "7 years", substitute "14 years".

21 Subsection 28(1) (penalty)

Omit "2 years", substitute "10 years".

22 Subsection 28(2) (penalty)

Omit "2 years", substitute "10 years".

23 Application

The amendments made by items 7, 9, 11 and 13 of this Schedule apply

in relation to acts and omissions that take place at or after the

commencement of this item.

Schedule 2 Policing at airports

8 Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010

Schedule 2--Policing at airports

Australian Federal Police Act 1979

1 After section 9

Insert:

10 Appointment of members to other Police Forces

Nothing in this Act is intended to prevent a member or special

member from being appointed (including at a particular rank) as:

(a) a member, however described, of the police force of a State

or Territory; or

(b) a special constable, however described, of the police force of

a State or Territory; or

enforcement agency of a foreign country.

Commonwealth Places (Application of Laws) Act 1970

2 Section 3

Insert:

airport has the same meaning as in the Aviation Transport Security

Act 2004.

3 Section 3

Insert:

designated State airport means an airport, to the extent that it is a

Commonwealth place, that is:

(a) situated in a State or States; and

(b) prescribed by the regulations for the purposes of this

definition.

4 Section 3

Insert:

Policing at airports Schedule 2

Aviation Crimes and Policing Legislation Amendment Bill 2010 No. , 2010 9

member of the Australian Federal Police has the same meaning as

in the Australian Federal Police Act 1979.

5 Section 3

Insert:

relevant Crimes Act provision means any of the following

provisions of the Crimes Act 1914:

(a) Part IAA (which deals with search, information gathering,

arrest and related powers);

(b) section 9 (which provides for the seizure and condemnation

of forfeitable goods);

respect of offences);

(d) section 15 (which deals with the remand and discharge of

defendants);

(e) Part ID (which deals with forensic procedures).

6 Section 3

Insert:

special member has the same meaning as in the Australian Federal

Police Act 1979.

7 After subsection 5(3)

Insert:

(3A) However, subsection (3) does not prevent the application of a

relevant Crimes Act provision in relation to an investigation by a

member of the Australian Federal Police, or a special member, if

the Commonwealth Place is a designated State airport.

Note:

The heading to section 5 is replaced by the heading "Application of certain provisions

of Commonwealth Acts to applied provisions".

8 Application

The amendment made by item 7 applies, on and after the day the item

commences, in relation to offences committed, or suspected to have

been committed, before, on or after that day.

Commonwealth of Australia Bills

AVIATION CRIMES AND POLICING LEGISLATION AMENDMENT BILL 2010