Commonwealth Numbered Acts Commonwealth Numbered Acts
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:
(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
(c) the person assaults, threatens with violence or intimidates 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
(c) the defendant has been accorded procedural fairness in 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:
(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
(c) the defendant has been accorded procedural fairness in 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:
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
(c) the defendant has been accorded procedural fairness in 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".
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.