Commonwealth Consolidated Acts

CRIMES (AVIATION) ACT 1991 - SECT 16

             (1)  A person who takes or exercises control of a Division 3 aircraft is guilty of an offence punishable on conviction by imprisonment for 7 years.

             (2)  A person who takes or exercises control of a Division 3 aircraft and who does so while anyone else, other than an accomplice of the person, is on board the aircraft, is guilty of an offence punishable on conviction by imprisonment for 14 years.

             (3)  A person who takes or exercises control of a Division 3 aircraft and who does so:

                     (a)  by force or threat of force, or by any trick or false pretence; and

                     (b)  while anyone else, other than an accomplice of the person, is on board the aircraft;

is guilty of an offence punishable on conviction by imprisonment for 20 years.

             (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 .