Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 48

  (1)   A person commits an offence if:

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

  (b)   the person:

  (i)   carries a weapon; or

  (ii)   otherwise has in his or her possession a weapon that is located at a place that is accessible to the person; and

  (c)   the person is not a law enforcement officer; and

  (d)   the carriage or possession of the weapon is not authorised by the regulations or permitted in writing by the Secretary; and

  (e)   neither of the following apply:

  (i)   the weapon is under the control of the pilot in command of the aircraft because the weapon forms part of the equipment of the aircraft in accordance with the operations manual for the aircraft;

  (ii)   the weapon is under the control of the pilot in command of the aircraft because an animal that could endanger the safety of the aircraft, or the safety of people on board the aircraft, is being carried on board the aircraft.

Penalty:   100 penalty units.

  (2)   Subsection   (1) is an offence of strict liability.

Note:   Carriage of weapons on an aircraft is also subject to provisions in the Civil Aviation Act 1988 and the Crimes (Aviation) Act 1991 .