Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 139, 1991
Compilation No. 25
Compilation date: 11 May 2018
Includes amendments up to: Act No. 31, 2018
Registered: 14 May 2018
About this compilation
This compilation
This is a compilation of the Crimes (Aviation) Act 1991 that shows the text of the law as amended and in force on 11 May 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Introductory
Division 1--Short title and commencement
1 Short title
2 Commencement
Division 2--Definitions and interpretation
3 Definitions
4 Meaning of threaten
5 Aircraft flights: when do they start?
6 Aircraft flights: when do they end?
7 Aircraft flights between 2 parts of Australia
8 Aircraft flights within a Territory
8A Aircraft flights within a State
9 What is hijacking?
10 What is an unlawful act?
Division 3--Extension of Act to external Territories etc.
11 Extension of Act to external Territories
12 Extra-territorial operation
Division 4--Application of Criminal Code
12A Application of the Criminal Code
Part 2--Offences
Division 1--Hijacking and other acts of violence on board aircraft
13 Hijacking an offence
14 Other acts of violence
Division 2--Other offences on board aircraft engaged in certain flights
15 Certain offences committed on aircraft
Division 3--Offences affecting aircraft and the safe operation of aircraft
16 Taking control of aircraft
17 Destruction of aircraft
18 Destruction of aircraft with intent to kill
19 Prejudicing safe operation of aircraft
20 Prejudicing safe operation of aircraft with intent to kill etc.
20A Assaulting crew--general
21 Assaulting crew--affecting performance of duty
22 Endangering safety of aircraft--general
22A Endangering safety of aircraft--acts also likely to endanger life or cause serious harm
23 Dangerous goods--general
23A Dangerous goods--acts likely to endanger life or cause serious harm
24 Threats and false statements
Division 4--Offences relating to the safety of civil aviation and acts of violence at certain airports
25 Endangering the safety of aircraft in flight
26 Acts of violence at certain airports
Division 5--Offences relating to Commonwealth aerodromes and air navigation facilities
27 Endangering safety of aerodromes etc.
28 Threats and false statements
Part 3--Provisions giving effect to the Tokyo Convention
29 Certain provisions of Tokyo Convention to have force of law
30 Authorised person may accept delivery of persons
31 Application of Migration Act etc.
Part 4--Restoring control of aircraft and dealing with offenders
32 Restoring control of aircraft
33 Taking offenders into custody
34 Arrest of offenders
35 Restraining persons from committing offences
36 Arrest of persons who escape from custody
37 Preliminary inquiries
38 Proceedings before magistrate on warrant for arrest
39 Proceedings before magistrate where warrant not produced
40 Release of person remanded in custody
Part 5--Miscellaneous
41 Evidence: record of evidence taken at preliminary inquiries
42 Evidence: entry into force of Conventions
43 Evidence of matters relating to Conventions
44 Evidence relating to notices to ICAO
45 Offences under subsections 14(1) and 15(1): are they indictable?
46 Alternative verdicts
47 Venue
48 Change of venue
49 Search powers
50 Operation of other laws
51 Arrangements about magistrates
52 Regulations
54 Transitional and savings
Schedule 1--Convention for the Suppression of Unlawful Seizure of Aircraft
Schedule 2--Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation
Schedule 3--Protocol
Schedule 4--Convention on Offences and Certain other Acts committed on Board Aircraft
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
139, 1991 | 27 Sept 1991 | 16 Mar 1992 (s 2(1) and gaz 1992, No S65) |
| |
164, 1992 | 11 Dec 1992 | ss. 3-17: 1 Feb 1993 (see Gazette 1993, No. GN1) | -- | |
196, 1992 | 21 Dec 1992 | Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) | ||
as amended by |
|
|
|
|
60, 1993 | 3 Nov 1993 | 10 Mar 1993 | -- | |
168, 1994 | 16 Dec 1994 | -- | ||
182, 1994 | 19 Dec 1994 | -- | ||
89, 1995 | 20 July 1995 | Sch (items 27-29): 16 Nov 1995 (s 2(2) and gaz 1995, No S435) | -- | |
as amended by |
|
|
|
|
103, 2013 | 29 June 2013 | Sch 2 (item 16): 16 Nov 1995 (s 2(1) item 15) | -- | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 349-351): 5 Dec 1999 (s 2(1), (2)) | -- |
9, 2000 | 7 Mar 2000 | 2 July 2000 (see Gazette 2000, No. S328) | Sch. 3 (items 20, 34, 35) | |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2) and Sch 11: 24 May 2001 (s 2(1)(a)) | s 4(1) and (2) |
65, 2002 | 5 July 2002 | Schedule 2 (items 3, 4): 2 Aug 2002 | -- | |
41, 2003 | 3 June 2003 | Schedule 2 (items 4A, 4B): Royal Assent | -- | |
Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 | 9, 2004 | 10 Mar 2004 | Sch 2 (item 3) and Sch 3: 10 Mar 2005 (s 2(1) item 2) | Sch 3 |
as amended by |
|
|
|
|
149, 2004 | 14 Dec 2004 | Sch 2 (item 2): 10 Mar 2005 (s 2(1) item 3) | -- | |
Australian Federal Police and Other Legislation Amendment Act 2004 | 64, 2004 | 22 June 2004 | Schedule 2 (item 6): 1 July 2004 | -- |
Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004 | 127, 2004 | 31 Aug 2004 | Schedule 5 (items 1, 2): 28 Sept 2004 | -- |
Crimes Legislation Amendment (Miscellaneous Matters) Act 2008 | 70, 2008 | 1 July 2008 | Schedule 1 (items 3, 4): 2 July 2008 | -- |
1, 2011 | 2 Mar 2011 | Schedule 1: 30 Mar 2011 | Sch. 1 (item 23) | |
5, 2011 | 22 Mar 2011 | Schedule 5 (items 65, 66): 19 Apr 2011 | -- | |
as amended by |
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|
|
|
136, 2012 | 22 Sept 2012 | Sch 2 (item 34): 19 Apr 2011 (s 2(1) item 26) /span> | -- | |
136, 2012 | 22 Sept 2012 | Schedule 6 (items 26-32): Royal Assent | -- | |
59, 2015 | 26 May 2015 | Sch 2 (items 115-117): 1 July 2016 (s 2(1) item 5) | Sch 2 (items 356-396) | |
as amended by |
|
|
|
|
33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | -- | |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 76): 10 Mar 2016 (s 2(1) item 6) | -- |
61, 2016 | 23 Sept 2016 | Sch 4 (item 2): 21 Oct 2016 (s 2(1) item 1) | -- | |
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 | 31, 2018 | 9 May 2018 | Sch 2 (items 89-92, 284): 11 May 2018 (s 2(1) items 3, 7) | Sch 2 (item 284) |
Provision affected | How affected |
Part 1 |
|
Division 2 |
|
s. 3..................... | am. No. 196, 1992; No. 182, 1994; No. 146, 1999; No. 9, 2000; No. 65, 2002; Nos. 64 and 127, 2004; Nos. 1 and 5, 2011; No .136, 2012; No 59, 2015; No 61, 2016; No 31, 2018 |
s 5..................... | am No 89, 1995 |
s. 6..................... | am. No. 89, 1995 |
s. 8A.................... | ad. No. 65, 2002 |
s. 9..................... | rs. No. 24, 2001 |
s. 10.................... | rs. No. 24, 2001 |
Division 4 |
|
Division 4................ | ad. No. 24, 2001 |
s. 12A................... | ad. No. 24, 2001 |
Part 2 |
|
Division 1 |
|
s 13.................... | am No 24, 2001; No 4, 2016 |
s 14.................... | am No 24, 2001; No 4, 2016 |
Division 2 |
|
s. 15.................... | am. No. 182, 1994; No. 24, 2001; No. 127, 2004; No. 70, 2008; No 4, 2016 |
Division 3 |
|
s. 16.................... | am. No. 24, 2001; No. 1, 2011; No 4, 2016 |
s 17.................... | am No 24, 2001 |
s 18.................... | am No 24, 2001; No 4, 2016 |
s. 19.................... | am. No. 24, 2001; No. 1, 2011 |
s. 20.................... | am. No. 24, 2001; No 4, 2016 |
s. 20A................... | ad. No. 1, 2011 |
s. 21.................... | am. No. 24, 2001; No. 1, 2011 |
s. 22.................... | rs. No. 24, 2001 |
| am. No. 1, 2011; No 4, 2016 |
s. 22A................... | ad. No. 1, 2011 |
s. 23.................... | am. No. 89, 1995; No. 146, 1999; No. 24, 2001; No. 9, 2004; No. 1, 2011 |
s. 23A................... | ad. No. 1, 2011 |
s. 24.................... | am. No. 24, 2001; No. 1, 2011 |
Division 4 |
|
s 25.................... | am No 24, 2001; No 1, 2011; No 4, 2016 |
s 26.................... | am. No 24, 2001; No 1, 2011; No 4, 2016 |
Division 5 |
|
s. 27.................... | am. No. 24, 2001; No. 1, 2011 |
s. 28.................... | am. No. 24, 2001; No. 1, 2011 |
Part 4 |
|
s. 33.................... | am. No. 41, 2003 |
s 37.................... | am No 31, 2018 |
s. 40.................... | rs. No. 164, 1992 |
Part 5 |
|
s 41.................... | am No 31, 2018 |
s. 43.................... | rs. No. 182, 1994 |
| am. No. 5, 2011 |
s. 44.................... | rs. No. 182, 1994 |
s 48.................... | am No 31, 2018 |
s 51.................... | am No 59, 2015 |
s. 52.................... | am. No. 136, 2012 |
s. 53.................... | rep. No. 136, 2012 |
Schedule 5................ | am. No. 182, 1994 |
| rep. No. 136, 2012 |