Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) ACT 2001 NO. 24, 2001 - SCHEDULE 11

1 Section 9

9 What is hijacking?

For the purposes of Division 1 of Part 2, a person hijacks an aircraft if, while on board the aircraft, the person seizes, or exercises control of, the aircraft by force or threat of force, or by any other form of intimidation.

2 Section 10

10 What is an unlawful act?

(1) For the purposes of Division 4 of Part 2, a person commits an unlawful act if he or she:

(a)

commits an act of violence against anyone on board an aircraft in flight, being an act likely to endanger the safety of the aircraft; or

(b)

destroys an aircraft in service, or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight.

(2) For the purposes of Division 4 of Part 2, a person commits an unlawful act if he or she does any of the following:

(a)

places, or causes to be placed, on an aircraft in service a substance or thing that is likely to destroy the aircraft;

(b)

places, or causes to be placed, on an aircraft in service a substance or thing that is likely to cause damage to the aircraft which renders it incapable of flight or which is likely to endanger its safety in flight;

(c)

destroys or damages any navigation facilities or interferes with their operation, being destruction, damage or interference that is likely to endanger the safety of an aircraft in flight;

(d)

communicates information which he or she knows to be false, thereby endangering the safety of an aircraft in flight.

3 At the end of Part 1

Division 4—Application of Criminal Code 12A Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

4 After subsection 13(2)

(2A) Absolute liability applies to paragraphs (1)(a), (b), (c) and (d) and paragraphs (2)(a), (b) and (c).

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

5 After subsection 14(1)

(1A) Absolute liability applies to paragraphs (1)(b), (c), (d), (e), (f) and (g).

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

6 After subsection 15(1)

(1A) 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 2 aircraft.

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

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

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

7 Subsections 16(1), (2) and (3)

8 At the end of section 16

(4) For the purposes of an offence against subsection (1), (2) or (3), 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 .

9 Section 17

10 At the end of section 17

(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 .

11 Section 18

12 At the end of section 18

(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 .

13 At the end of section 19

(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 .

14 Paragraph 20(b)

15 At the end of section 20

(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 .

16 Section 21

17 Paragraph 21(a)

18 Paragraph 21(b)

19 At the end of section 21

(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 .

20 Section 22

22 Endangering safety of aircraft

(1) A person who, while on board a Division 3 aircraft, does an act, reckless as to whether the act will endanger the safety of the aircraft, is guilty of an offence.

Penalty: Imprisonment for 7 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 .

21 Paragraph 23(1)(b)

22 At the end of section 23

(3) For the purposes of an offence against paragraph (1)(a), (b) or (c), 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 .

23 At the end of section 24

(3) For the purposes of an offence against subsection (1) or (2), 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 .

24 After subsection 25(2)

(2A) Absolute liability applies to paragraphs (1)(a), (b) and (c), and (2)(a), (b), (c) and (d).

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

25 Subsections 26(1) and (2)

(1) A person is guilty of an offence if:

(a)

the person uses a substance or thing to commit an act of violence against anyone at a prescribed airport; and

(b)

that act:

(i)

causes or is likely to cause serious injury or death; and

(ii)

endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and

(c)

the Montreal Convention, when read together with the Protocol, requires Australia to make the act punishable; and

(d)

Article 5 of that Convention, when so read, requires Australia to establish its jurisdiction over the offence.

Penalty: Imprisonment for 15 years.

(2) A person is guilty of an offence if:

(a)

the person does any of the following things:

(i)

destroys or seriously damages the facilities of a prescribed airport;

(ii)

destroys or seriously damages any aircraft not in service that is at a prescribed airport;

(iii)

disrupts the services of a prescribed airport; and

(b)

doing so endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and

(c)

either of the following applies:

(i)

the Montreal Convention, when read together with the Protocol, requires Australia to make the act concerned punishable;

(ii)

if the act concerned relates to an aircraft—the aircraft is in Australia, or is a Commonwealth aircraft or a defence aircraft, or the act is committed by an Australian citizen, whether in Australia or not.

Penalty: Imprisonment for 10 years.

(2A) For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the airport is a prescribed airport.

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

(2B) Absolute liability applies to paragraphs (1)(c) and (d) and paragraph (2)(c).

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

26 Subsection 26(3)

27 Section 27

28 At the end of section 27

(2) For the purposes of an offence against subsection (1), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

(a)

that the aerodrome is a Commonwealth aerodrome;

(b)

that the air navigation facilities are Commonwealth air navigation facilities.

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

29 At the end of subsection 28(1)

Penalty: Imprisonment for 2 years.

30 At the end of section 28

(3) For the purposes of an offence against subsection (1) or (2), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

(a)

that the aerodrome is a Commonwealth aerodrome;

(b)

that the air navigation facilities are Commonwealth air navigation facilities.

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