Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 139 of 1991 as amended
This compilation was prepared on 10 July 2008
taking into account amendments up to Act No. 70 of 2008
The text of any of those
amendments not in force
on that date is appended in the Notes section
The operation of amendments that
have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General's Department, Canberra
Contents
Part 1--Introductory 1
Division 1--Short title and commencement 1
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
Division 2--Definitions and interpretation 2
3............ Definitions.......................................................................................... 2
4............ Meaning of threaten............................................................................ 7
5............ Aircraft flights: when do they start?.................................................. 7
6............ Aircraft flights: when do they end?.................................................... 7
7............ Aircraft flights between 2 parts of Australia...................................... 7
8............ Aircraft flights within a Territory...................................................... 8
8A......... Aircraft flights within a State............................................................. 8
9............ What is hijacking?............................................................................... 8
10.......... What is an unlawful act?..................................................................... 8
Division 3--Extension of Act to external Territories etc. 10
11.......... Extension of Act to external Territories........................................... 10
12.......... Extra‑territorial operation................................................................. 10
Division 4--Application of Criminal Code 11
12A....... Application of the Criminal Code.................................................... 11
Part 2--Offences 12
Division 1--Hijacking and other acts of violence on board aircraft 12
13.......... Hijacking an offence.......................................................................... 12
14.......... Other acts of violence....................................................................... 12
Division 2--Other offences on board aircraft engaged in certain flights 14
15.......... Certain offences committed on aircraft............................................. 14
Division 3--Offences affecting aircraft and the safe operation of aircraft 15
16.......... Taking control of aircraft.................................................................. 15
17.......... Destruction of aircraft...................................................................... 15
18.......... Destruction of aircraft with intent to kill......................................... 16
19.......... Prejudicing safe operation of aircraft................................................ 16
20.......... Prejudicing safe operation of aircraft with intent to kill etc............. 16
21.......... Assaulting crew................................................................................ 17
22.......... Endangering safety of aircraft........................................................... 17
23.......... Dangerous goods............................................................................... 17
24.......... Threats and false statements............................................................ 18
Division 4--Offences relating to the safety of civil aviation and acts of violence at certain airports 20
25.......... Endangering the safety of aircraft in flight........................................ 20
26.......... Acts of violence at certain airports................................................... 21
Division 5--Offences relating to Commonwealth aerodromes and air navigation facilities 23
27.......... Endangering safety of aerodromes etc.............................................. 23
28.......... Threats and false statements............................................................ 23
Part 3--Provisions giving effect to the Tokyo Convention 25
29.......... Certain provisions of Tokyo Convention to have force of law........ 25
30.......... Authorised person may accept delivery of persons......................... 25
31.......... Application of Migration Act etc..................................................... 25
Part 4--Restoring control of aircraft and dealing with offenders 27
32.......... Restoring control of aircraft.............................................................. 27
33.......... Taking offenders into custody.......................................................... 27
34.......... Arrest of offenders........................................................................... 28
35.......... Restraining persons from committing offences................................ 28
36.......... Arrest of persons who escape from custody................................... 29
37.......... Preliminary inquiries......................................................................... 29
38.......... Proceedings before magistrate on warrant for arrest......................... 30
39.......... Proceedings before magistrate where warrant not produced............ 30
40.......... Release of person remanded in custody........................................... 31
Part 5--Miscellaneous 32
41.......... Evidence: record of evidence taken at preliminary inquiries............. 32
42.......... Evidence: entry into force of Conventions....................................... 32
43.......... Evidence of matters relating to Conventions.................................... 32
44.......... Evidence relating to notices to ICAO............................................... 33
45.......... Offences under subsections 14(1) and 15(1): are they indictable?... 33
46.......... Alternative verdicts.......................................................................... 34
47.......... Venue................................................................................................ 34
48.......... Change of venue................................................................................ 34
49.......... Search powers................................................................................... 36
50.......... Operation of other laws.................................................................... 37
51.......... Arrangements about magistrates....................................................... 37
52.......... Regulations....................................................................................... 38
53.......... Repeals............................................................................................. 38
54.......... Transitional and savings................................................................... 39
Schedule 1--Convention for the Suppression of Unlawful Seizure of Aircraft 40
Schedule 2--Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 46
Schedule 3--Protocol 53
Schedule 4--Convention on Offences and Certain other Acts committed on Board Aircraft 57
Schedule 5--Consequential amendments of other Acts 66
Notes 67
An Act relating to crimes and certain other acts committed on or in respect of certain aircraft, aerodromes, airports and air navigation facilities, and for related purposes
Notes to
the
Crimes (Aviation) Act 1991 Note 1 The Crimes (Aviation Act) 1991 as shown in this
compilation comprises Act No. 139, 1991 amended as indicated in the Tables
below. All relevant information pertaining to application, saving or
transitional provisions prior to 7 March 2000 is not included in this
compilation. For subsequent information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
|
139, 1991 |
27 Sept 1991 |
16 Mar 1992 (see Gazette 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) (a) |
S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, s. 3) |
||
|
as amended by |
|
|
|
|
|
|
60, 1993 |
3 Nov 1993 |
10 Mar 1993 |
-- |
||
|
168, 1994 |
16 Dec 1994 |
S. 3 (item 17): Royal Assent (b) |
-- |
||
|
182, 1994 |
19 Dec 1994 |
S. 31: (c) |
-- |
||
|
89, 1995 |
20 July 1995 |
S. 3 (items 27-29): 16 Nov 1995 (see Gazette 1995, No. S435) (d) |
-- |
||
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 349-351): 5 Dec 1999 (see Gazette 1999, No. S584) (e) |
-- |
|
|
9, 2000 |
7 Mar 2000 |
2 July 2000 (see Gazette 2000, No. S328) |
Sch. 3 (items 20, 34, 35) [see Table A] |
||
|
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 |
24, 2001 |
6 Apr 2001 |
S. 4(1), (2) and Schedule 11: (f) |
S. 4(1) and (2) [see Table A] |
|
|
65, 2002 |
5 July 2002 |
Schedule 2 (items 3, 4): 2 Aug 2002 (g) |
-- |
||
|
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 |
Schedules 1-3: 10 Mar 2005 (see s. 2) |
Sch. 3 (am. by 149, 2004, Sch.2 [items 2, 3]) [see Table A] |
|
|
as amended by |
|
|
|
|
|
|
149, 2004 |
14 Dec 2004 |
Schedule 2 (item 2): (h) |
-- |
||
|
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 |
-- |
|
(a) The Crimes (Aviation) Act 1991 was amended by the Schedule (Parts 1 and 5) of the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day; and
(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule--the day is not earlier than the 100% sale day.
(b) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Crimes (Aviation) Act 1991 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsections 2(4) and (5) of which provide as follows:
(4) The amendments made by this Act to the Australian Federal Police Act 1979, the Crimes (Aviation) Act 1991 (other than the amendment made to Schedule 5 to that Act), the Crimes (Hostages) Act 1989, the Crimes (Internationally Protected Persons) Act 1976, the Crimes (Overseas) Act 1964, the Crimes (Superannuation Benefits) Act 1989, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Extradition Act 1988, the Financial Transaction Reports Act 1988 and to sections 23 and 59 of the Proceeds of Crime Act 1987 commence on the 28th day after the day on which this Act receives the Royal Assent.
The date of commencement for 2(4) was 16 January 1995.
(5) The amendment made by this Act to Schedule 5 to the Crimes (Aviation) Act 1991 is taken to have commenced on 16 March 1992 immediately after the commencement of that Act.
(d) The Crimes (Aviation) Act 1991 was amended by the Transport Legislation Amendment Act (No. 2) 1995, subsection 2(2) of which provides as follows:
(2) The items in the Schedule (other than items 23 and 30) commence on a day or days to be fixed by Proclamation.
(e) The Crimes (Aviation) Act 1991 was amended by Schedule 1 (items 349-351) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(f) The Crimes (Aviation) Act 1991 was amended by Schedule 11 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001.
(g) Subsection 2(1) (item 11) of the Security Legislation Amendment (Terrorism) Act 2002 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
11. Schedule 2, items 3 and 4 |
The 28th day after the day on which this Act receives the Royal Assent |
2 August 2002 |
(h) Subsection 2(1) (item 3) of the Aviation Security Amendment Act 2004 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 2, items 1 and 2 |
The later of: (a) the start of the day on which this Act receives the Royal Assent; and (b) immediately after the commencement of section 3 of the Aviation Transport Security Act 2004. |
10 March
2005
|
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
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Provision affected |
How affected |
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Part 1 |
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Division 2 |
|
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S. 3...................................... |
am. No. 196, 1992; No. 182, 1994; No. 146, 1999; No. 9, 2000; No. 65, 2002; Nos. 64 and 127, 2004 |
|
Ss. 5, 6................................ |
am. No. 89, 1995 |
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S. 8A................................... |
ad. No. 65, 2002 |
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Ss. 9, 10.............................. |
rs. No. 24, 2001 |
|
Division 4 |
|
|
Div. 4 of Part 1.................... |
ad. No. 24, 2001 |
|
S. 12A................................. |
ad. No. 24, 2001 |
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Part 2 |
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|
Division 1 |
|
|
Ss. 13, 14............................ |
am. No. 24, 2001 |
|
Division 2 |
|
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S. 15.................................... |
am. No. 182, 1994; No. 24, 2001; No. 127, 2004; No. 70, 2008 |
|
Division 3 |
|
|
Ss. 16-21............................ |
am. No. 24, 2001 |
|
S. 22.................................... |
rs. No. 24, 2001 |
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S. 23.................................... |
am. No. 89, 1995; No. 146, 1999; No. 24, 2001; No. 9, 2004 |
|
S. 24.................................... |
am. No. 24, 2001 |
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Division 4 |
|
|
Ss. 25, 26............................ |
am. No. 24, 2001 |
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Division 5 |
|
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Ss. 27, 28............................ |
am. No. 24, 2001 |
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Part 4 |
|
|
S. 33.................................... |
am. No. 41, 2003 |
|
S. 40.................................... |
rs. No. 164, 1992 |
|
Part 5 |
|
|
Ss. 43, 44............................ |
rs. No. 182, 1994 |
|
Schedule 5 |
|
|
Schedule 5.......................... |
am. No. 182, 1994 |
Table A
Application, saving or transitional provisions
Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)
Schedule 3
20 Definition
In this Part:
commencing time means the time when this Part commences.
34 Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian Federal Police;
(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.
35 Regulations dealing with matters of a transitional or saving nature
(1) The Governor‑General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Aviation Transport Security (Consequential Amendments and Transitional Provisions) Act 2004 (No. 9, 2004)
Schedule 3
1 Regulations
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made:
(a) providing for regulations made for the purposes of particular provisions of the old Act to continue to have effect (with any prescribed alterations) for the purposes of the new Act; and
(b) providing for aviation security programs approved under the old Act to continue to be taken to be in force (with any prescribed alterations and for such time as is prescribed) as transport security programs under the new Act; and
(ba) providing for airport security programs approved under the old Act to continue to be taken to be in force (with any prescribed alterations and for such time as is prescribed) as transport security programs under the new Act; and
(bb) providing for ASIC programs and international cargo security programs approved under the old Act to continue to be taken to be in force (with any prescribed alterations and for such time as is prescribed) as transport security programs under the new Act, or as such other programs under the new Act as are prescribed by the regulations; and
(c) for other transitional measures in relation to the transition from the old Act to the new Act.
(3) In this item:
new Act means the Aviation Transport Security Act 2004.
old Act means the Air Navigation Act 1920 as in force immediately before the commencement of this item.
2 Aviation security program continuation
Subsection 15(2) (which deals with the obligation for aviation industry participants to comply with the transport security programs of other participants) of the Aviation Transport Security Act 2004 does not apply in relation to a program continued as a transport security program under paragraph 1(2)(b) of this Schedule.
3 Transitional provision
The exercise or purported exercise (whether before, at or after the commencement of this item) of the power under regulation 5 of the Air Navigation (Aviation Security Status Checking) Regulations 2004 to determine that a person has an adverse aviation security status is taken for all purposes to be, and is taken for all purposes always to have been, prescribed administrative action in respect of the person for the purposes of Part IV of the Australian Security Intelligence Organisation Act 1979.