Commonwealth Consolidated Acts

AVIATION TRANSPORT SECURITY ACT 2004 - SECT 10A

Decisions of pilot in command

             (1)  A person does not commit an offence against this Act if:

                     (a)  a physical element of the offence exists (whether directly or indirectly) because the pilot in command of an aircraft engaged in conduct in the operation or control of the aircraft; and

                     (b)  without the existence of that physical element the person would not commit the offence; and

                     (c)  the pilot engaged in the conduct to protect the safety or security of:

                              (i)  the aircraft; or

                             (ii)  the aircraft's cargo; or

                            (iii)  a person (whether on board the aircraft or not); or

                            (iv)  another aircraft; or

                             (v)  an airport, or an airport facility or other installation within an airport; and

                     (d)  the conduct was reasonable in the circumstances.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code ).

Special security directions

             (2)  If:

                     (a)  a person is required to comply with a special security direction; and

                     (b)  compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

Control directions

             (3)  If:

                     (a)  a person is required to comply with a compliance control direction or an incident control direction; and

                     (b)  compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;

the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).