Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 .
(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.