Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who commits an unlawful act of the kind mentioned in subsection 10(1) is guilty of an offence if any of the following applies:
(a) the Montreal Convention requires Australia to make the act punishable;
(b) the aircraft concerned is:
(i) an aircraft in service in the course of, or in connection with, a prescribed flight; or
(ii) a Commonwealth aircraft; or
(iii) a defence aircraft; or
(iv) a visiting government aircraft;
(c) the person is an Australian citizen who commits the act outside Australia.
Penalty: Imprisonment for 14 years.
(2) A person who commits an unlawful act of the kind mentioned in subsection 10(2) is guilty of an offence if any of the following applies:
(a) the Montreal Convention requires Australia to make the act punishable;
(b) except where paragraph (c) applies, the aircraft concerned is:
(i) an aircraft in service in the course of, or in connection with, a prescribed flight; or
(ii) a Commonwealth aircraft; or
(iii) a defence aircraft; or
(iv) a visiting government aircraft;
(c) in the case of an act relating to air navigation facilities--the facilities are used in connection with:
(i) prescribed flights; or
(ii) flights of Commonwealth aircraft; or
(iii) flights of defence aircraft; or
(iv) flights of visiting government aircraft;
(d) the person is an Australian citizen who commits the act outside Australia.
Penalty: Imprisonment for 7 years.
(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 .
(3) A person cannot be tried for an offence against subsection (1) or (2) merely because paragraph (1)(a) or (2)(a), as the case may be, applies unless Article 5 of the Montreal Convention requires Australia to establish its jurisdiction over the offence.
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