CRIMES (AVIATION) ACT 1991 - SECT 26 Acts of violence at certain airports

CRIMES (AVIATION) ACT 1991 - SECT 26

  (1)   A person commits an offence if:

  (a)   the person uses a substance or thing to commit an act of violence against anyone at a prescribed airport; and

  (b)   that act:

  (i)   causes or is likely to cause serious injury or death; and

  (ii)   endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and

  (c)   the Montreal Convention, when read together with the Protocol, requires Australia to make the act punishable; and

  (d)   Article 5 of that Convention, when so read, requires Australia to establish its jurisdiction over the offence.

Penalty:   Imprisonment for 20 years .

  (2)   A person commits an offence if:

  (a)   the person does any of the following things:

  (i)   destroys or seriously damages the facilities of a prescribed airport;

  (ii)   destroys or seriously damages any aircraft not in service that is at a prescribed airport;

  (iii)   disrupts the services of a prescribed airport; and

  (b)   doing so endangers, or is likely to endanger, the safe operation of the airport or the safety of anyone at the airport; and

  (c)   either of the following applies:

  (i)   the Montreal Convention, when read together with the Protocol, requires Australia to make the act concerned punishable;

  (ii)   if the act concerned relates to an aircraft--the aircraft is in Australia, or is a Commonwealth aircraft or a defence aircraft, or the act is committed by an Australian citizen, whether in Australia or not.

Penalty:   Imprisonment for 14 years .

  (2A)   For the purposes of an offence against subsection   ( 1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the airport is a prescribed airport.

Note:   For absolute liability , see section   6.2 of the Criminal Code .

  (2B)   Absolute liability applies to paragraphs   ( 1)(c) and (d) and paragraph   ( 2)(c).

Note:   For absolute liability , see section   6.2 of the Criminal Code .

  (3)   A person cannot be tried for an offence against subsection   ( 2) merely because subparagraph   ( 2)(c)(i) applies, unless Article 5 of the Montreal Convention, when read together with the Protocol, requires Australia to establish its jurisdiction over the offence.