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CRIMES (AVIATION) ACT 1991 - SECT 13 Hijacking an offence

CRIMES (AVIATION) ACT 1991 - SECT 13

Hijacking an offence

  (1)   A person who hijacks an aircraft commits an indictable offence if any of the following applies when the hijacking is committed:

  (a)   the aircraft is in flight, within the meaning of the Hague Convention, and the Hague Convention requires Australia to make the hijacking punishable;

  (b)   the aircraft is engaged in a prescribed flight;

  (c)   the aircraft is a Commonwealth aircraft;

  (d)   the aircraft is a visiting government aircraft.

  (2)   A person who hijacks an aircraft commits an indictable offence if:

  (a)   the hijacking is committed outside Australia ; and

  (b)   the person who commits the hijacking is an Australian citizen; and

  (c)   the aircraft would, if the Hague Convention applied, be considered to be in flight.

  (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 .

  (3)   An offence against subsection   ( 1) or (2) is punishable on conviction by imprisonment for life.

  (4)   A person cannot be tried for an offence against subsection   ( 1) merely because paragraph   ( 1)(a) applies, unless Article 4 of the Hague Convention requires Australia to establish its jurisdiction over the offence.