Crimes (Aircraft) Act 1963 (Cth)
Case
No judgment structure available for this case.
CRIMES (AIRCRAFT) ACT 1963 [Note: This Act is "repealed" by Act No. 139 of 1991]
(#DATE 31:07:1990)
(#DATE 31:07:1990)
Compilation Information - Reprinted as at 31 July 1990
*1*The Crimes (Aircraft) Act 1963 as shown in this reprint comprises Act No. 64, 1963 amended as indicated in the Tables below.
Table of Acts Acts
Number Date Date of Application,
and year of commencement saving or
Assent transitional
provisions
Crimes (Aircraft) Act 1963
64, 1963 28 Oct 1963 25 Nov 1963
Statute Law Revision Act 1973
216,1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
Crimes (Aircraft) Amendment Act 1976
7, 1977 28 Feb 1977 28 Feb 1977 -
Crimes (Aircraft) Amendment Act 1979
129, 1979 19 Nov 1979 19 Nov 1979 -
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
80, 1982 22 Sept Part LXXVII (s. 280): Royal S. 280 (2)
1982 Assent (a) and (3)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983
39, 1983 20 June S. 3: 18 July 1983 (b) S. 7 (1)
1983
Director of Public Prosecutions (Consequential Amendments) Act 1983
114, 1983 14 Dec 1983 S. 8: 16 Dec 1985 (see s. -
2 (2) and (3))
Remainder: 5 Mar 1984 (see
s. 2 (1) and Gazette 1984,
No. S55)
Civil Aviation Act 1988
63, 1988 15 June Part III (ss. 17-32), s. -
1988 98, Parts IX and X (ss. 99-103):
1 July 1988 (see Gazette
1988, No. S189)
Remainder: Royal Assent
Crimes Legislation Amendment Act 1989
108, 1989 30 June Part 4 (ss. 13-16): Royal -
1989 Assent (c)
Law and Justice Legislation Amendment Act 1989
11, 1990 17 Jan 1990 Part 6 (ss. 14-17): 14 Feb -
1990 (d)
______________________________________________________________________________ __ (a) The Crimes (Aircraft) Act 1963 was amended by Part LXXVII (section 280)
only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2 (1) of which provides as follows:
'(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.'
(b) The Crimes (Aircraft) Act 1963 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.'
(c) The Crimes (Aircraft) Act 1963 was amended by Part 4 (sections 13-16) only of the Crimes Legislation Amendment Act 1989, subsection 2 (1) of which provides as follows:
'(1) Parts 1 and 2, Part 3 (other than section 10) and Part 4 commence on the day on which this Act receives the Royal Assent.'
(d) The Crimes (Aircraft) Act 1963 was amended by Part 6 (sections 14-17) only of tthe Law and Justice Legislation Amendment Act 1989, subsection2 (1) of which provides as follows:
'(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.'
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________ __ Provision affected
How affected
Title
rs. No. 129, 1979
S. 2
rep. No. 216, 1973
S. 3
am. No. 216, 1973; No. 129, 1979; No. 63, 1988; No. 108, 1989
S. 18
am. No. 39, 1983; No. 63, 1988; No. 108, 1989
S. 20
am. No. 129, 1979
Part IIIA (ss. 20A-20C)
ad. No. 129, 1979
S. 20A
ad. No. 129, 1979
am. No. 63, 1988; No. 108, 1989
Ss. 20B, 20C
ad. No. 129, 1979
S. 21
am. No. 11, 1990
S. 22
am. No. 129, 1979; No. 11, 1990
S. 22A
ad. No. 7, 1977
am. No. 39, 1983; No. 11, 1990
S. 24
am. No. 129, 1979; No. 114, 1983
S. 25
am. No. 129, 1979
S. 26
am. No. 129, 1979; No. 80, 1982
S. 29
am. No. 129, 1979
CRIMES (AIRCRAFT) ACT 1963 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
3. Interpretation
4. Extension of Act to Territories
PART II-CRIMES ON BOARD AIRCRAFT ENGAGED IN CERTAIN FLIGHTS
6. Application of Part
7. Crimes committed on aircraft to which Part applies
8. Which offences are indictable
9. Alternative verdicts
PART III-CRIMES AFFECTING AIRCRAFT
10. Application of Part
11. Taking control of aircraft
12. Destruction of aircraft
13. Destruction of aircraft with intent to kill
14. Prejudicing safe operation of aircraft
15. Prejudicing safe operation of aircraft with intent to kill
persons etc.
16. Assaulting crew etc.
17. Endangering safety of aircraft
18. Taking or sending dangerous goods on aircraft
19. Threats and false statements
20. Alternative verdicts
PART IIIA-CRIMES AFFECTING CERTAIN AERODROMES AND AIR
NAVIGATION FACILITIES
20A. Interpretation
20B. Endangering safety of aerodrome etc.
20C. Threats and false statements
PART IV-MISCELLANEOUS
21. Prosecutions
22. Jurisdiction of courts
22A. Offences against Parts III and IIIA
23. Provisions in relation to venue
24. Change of venue
25. Arrest of offenders etc.
26. Power to search aircraft etc.
27. Saving of other laws
28. Person not to be convicted twice for same act or omission
29. Death sentences
CRIMES (AIRCRAFT) ACT 1963 - LONG TITLE SECT
An Act to make provision with respect to crimes committed in respect of certain aircraft and certain aerodromes and air navigation facilities,
and for other purposes
CRIMES (AIRCRAFT) ACT 1963 - PART I
PART I-PRELIMINARY
CRIMES (AIRCRAFT) ACT 1963 - SECT 1
Short titleSECT
1. This Act may be cited as the Crimes (Aircraft) Act 1963.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
CRIMES (AIRCRAFT) ACT 1963 - SECT 3
InterpretationSECT
3.(1) In this Act, unless the contrary intention appears:
'aircraft' includes any machine that can derive support in the atmosphere from the reactions of the air;
'Air Navigation Regulations' means regulations made under the Air Navigation Act 1920, and includes any of those regulations as in force under the law of a State;
'Australia' includes the Territories;
'Australian aircraft' means:
(a) an aircraft registered or required to be registered in accordance with
the Civil Aviation Regulations as an Australian aircraft;
(b) a Commonwealth aircraft; or
(c) a defence aircraft;
'Civil Aviation Regulations' means regulations made under the Civil Aviation Act 1988, and includes any of those regulations as in force under the law of a State;
'Commonwealth aircraft' means an aircraft, other than a defence aircraft, that is in the possession or control of the Commonwealth or an authority of the Commonwealth;
'court of summary jurisdiction' includes a court of a Territory having jurisdiction in respect of the summary punishment of any offences under the law of the Territory;
'defence aircraft' means an aircraft of any part of the Defence Force and includes any aircraft that is being commanded or piloted by a member of that Force in the course of his duties as such a member;
'foreign aircraft' means an aircraft that is not an Australian aircraft, including such an aircraft belonging to or operated by the Government of a country (including a part of the Queen's dominions) outside Australia;
'landing' includes alighting on water;
'member of the crew', in relation to an aircraft, means a person having duties or functions on board the aircraft;
'part of Australia' means a State or a Territory;
(2) For the purposes of this Act:
(a) a flight of an aircraft shall be taken to commence:
(i) at the time of the closing of the last external door of the
aircraft to be closed before the aircraft first moves for the purpose of taking off from any place; or
(ii) if the last preceding subparagraph is not applicable-at the time
at which the aircraft first moves for the purpose of taking off from any place; and
(b) a flight of an aircraft shall be taken to end:
(i) at the time of the opening of the first external door of the
aircraft to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or
(ii) if the last preceding subparagraph is not applicable-at the time
at which the aircraft comes to rest after its next landing after the commencement of the flight; or, if the aircraft is destroyed, or the flight is abandoned, before either subparagraph (i) or subparagraph (ii) becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.
(3) For the purposes of this Act, a flight of an aircraft shall be taken to be a flight between two geographical areas where the flight commences in either of those areas and ends, or is, at the commencement of the flight, intended to end, in the other of those areas.
(4) Subject to the last preceding subsection, a flight of an aircraft shall, for the purposes of this Act, be taken to be a flight within a single Territory where the flight commences in that Territory and ends, or is, at the commencement of the flight, intended to ennd, in that Territory, whether or not the aircraft may or will, in the course of the flight, go outside the Territory or outside Australia.
(5) A reference in this Act to Australia or a part of Australia shall be read as including a reference to the territorial waters of Australia or of that part of Australia, as the case may be.
CRIMES (AIRCRAFT) ACT 1963 - SECT 4
Extension of Act to TerritoriesSECT
4. This Act extends to every Territory.
CRIMES (AIRCRAFT) ACT 1963 - SECT 5
Extra-territorial operation of ActSECT
5. This Act extends:
(a) to acts, omissions, matters and things outside Australia, whether or not
in or over a foreign country; and
(b) to all persons, irrespective of their nationality or citizenship.
CRIMES (AIRCRAFT) ACT 1963 - PART II
PART II-CRIMES ON BOARD AIRCRAFT ENGAGED IN
CERTAIN FLIGHTS
CRIMES (AIRCRAFT) ACT 1963 - SECT 6
Application of PartSECT
6.(1) This Part applies to any aircraft (including a foreign aircraft) that:
(a) is engaged in a flight between two States in the course of trade and
commerce with other countries or among the States;
(b) is engaged in a flight within a Territory, between two Territories or
between a State and a Territory;
(c) is outside Australia while engaged in a flight that commenced in
Australia; or
(d) is engaged in a flight between a part of Australia and a country or
place outside Australia.
(2) This Part also applies to:
(a) an Australian aircraft that is engaged in a flight wholly out of
Australia; and
(b) a Commonwealth aircraft or a defence aircraft that is engaged in any
flight, including a flight wholly out of Australia.
CRIMES (AIRCRAFT) ACT 1963 - SECT 7
Crimes committed on aircraft to which Part appliesSECT
7.(1) A person who, while on board an aircraft to which this Part applies, does or omits to do an act or thing the doing or omission of which, if it took place in, or if it took place in a public place in, the Australian Capital Territory, would be an offence against:
(a) a law of the Commonwealth in force in that Territory;
(b) the Crimes Act, 1900 of the State of New South Wales, in its application
to that Territory, as amended or affected by Ordinances from time to time in force in that Territory; or
(c) the Police Offences Ordinance 1930-1961 of that
Territory, as amended from time to time;
is guilty of an offence against this Part and is punishable by the same penalty as that by which he would have been punishable if he had been guilty of the first-mentioned offence.
(2) This section extends to an act or omission that may have taken place in the Australian Capital Territory and a person may be convicted of an offence against this Part notwithstanding that the evidence shows that the act or omission constituting the offence took place in the Australian Capital Territory.
CRIMES (AIRCRAFT) ACT 1963 - SECT 8
Which offences are indictableSECT
8. The question whether an offence against this Part is to be, or may be, prosecuted or dealt with on indictment or summarily shall be determined in accordance with the law that would be applicable in relation to a prosecution under the laws in force in the Australian Capital Territory if the act or omission alleged to constitute the offence had occurred in the Australian Capital Territory.
CRIMES (AIRCRAFT) ACT 1963 - SECT 9
Alternative verdictsSECT
9. Where a person is charged with an offence against this Part before a court other than a court in the Australian Capital Territory, he may be found guilty of any other offence against this Part of which he could have been found guilty if the act or omission alleged to constitute the first-mentioned offence had taken place in the Australian Capital Territory and he had been charged with that offence before a court in the Australian Capital Territory.
CRIMES (AIRCRAFT) ACT 1963 - PART III
PART III-CRIMES AFFECTING AIRCRAFT
CRIMES (AIRCRAFT) ACT 1963 - SECT 10
Application of PartSECT
10.(1) This Part applies to:
(a) an Australian aircraft (other than a Commonwealth aircraft or a defence
aircraft) that is used principally for the purpose of prescribed flights, or is engaged, or is intended or likely to be engaged, in a prescribed flight;
(b) a Commonwealth aircraft;
(c) a defence aircraft; and
(d) a foreign aircraft that is in Australia, or is outside Australia while
engaged in a flight that commenced in Australia or was, at its commencement, intended to end in Australia.
(2) In this section, 'prescribed flight' means a flight:
(a) between two States, in the course of trade and commerce with other
countries or among the States;
(b) within a Territory, between two Territories or between a State and a
Territory;
(c) between a part of Australia and a country or place outside Australia; or
(d) wholly outside Australia.
CRIMES (AIRCRAFT) ACT 1963 - SECT 11
Taking control of aircraftSECT
11.(1) A person shall not, without lawful excuse, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies.
Penalty: Imprisonment for seven years.
(2) A person shall not, without lawful excuse, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies while another person, not being an accomplice of the first-mentioned person, is on board the aircraft.
Penalty: Imprisonment for fourteen years.
(3) A person shall not, without lawful excuse, by force or violence or threat of force or violence, or by any trick or false pretence, take or exercise control, whether direct or through another person, of an aircraft to which this Part applies while another person, not being an accomplice of the first-mentioned person, is on board the aircraft.
Penalty, for any contravention of this subsection: Imprisonment for twenty years.
CRIMES (AIRCRAFT) ACT 1963 - SECT 12
Destruction of aircraftSECT
12. A person shall not wilfully destroy an aircraft to which this Part applies.
Penalty: Imprisonment for fourteen years.
CRIMES (AIRCRAFT) ACT 1963 - SECT 13
Destruction of aircraft with intent to killSECT
13. A person who destroys an aircraft to which this Part applies with intent to cause the death of a person or with reckless indifference to the safety of the life of a person is guilty of an indictable offence punishable by death.
CRIMES (AIRCRAFT) ACT 1963 - SECT 14
Prejudicing safe operation of aircraftSECT
14. A person shall not do an act or thing capable of prejudicing the safe operation of an aircraft to which this Part applies with intent to prejudice the safe operation of that aircraft.
Penalty: Imprisonment for fourteen years.
CRIMES (AIRCRAFT) ACT 1963 - SECT 15
Prejudicing safe operation of aircraft with intent to kill persons etc.SECT
15. A person who does an act or thing capable of prejudicing the safe operation of an aircraft to which this Part applies:
(a) with intent to prejudice the safe operation of that aircraft; and
(b) with intent to cause the death of a person or with reckless
indifference to the safety of the life of a person;
is guilty of an indictable offence punishable by death.
CRIMES (AIRCRAFT) ACT 1963 - SECT 16
Assaulting crew etc.SECT
16. A person shall not, while on board an aircraft to which this Part applies, assault, intimidate or threaten with violence a member of the crew of the aircraft so as to interfere with the performance by the member of his functions or duties connected with the operation of the aircraft or so as to lessen his ability to perform those functions or duties.
Penalty: Imprisonment for fourteen years.
CRIMES (AIRCRAFT) ACT 1963 - SECT 17
Endangering safety of aircraftSECT
17. A person shall not, while on board an aircraft to which this Part applies, do any act or thing that, to his knowledge, is likely to endanger the safety of the aircraft.
Penalty: Imprisonment for seven years.
CRIMES (AIRCRAFT) ACT 1963 - SECT 18
Taking or sending dangerous goods on aircraftSECT
18.(1) Subject to this section, a person shall not:
(a) carry or place dangerous goods on board an aircraft to which this Part
applies;
(b) deliver dangerous goods to a person for the purpose of their being
placed on board such an aircraft; or
(c) have dangerous goods in his possession on board such an aircraft.
Penalty:
(a) if the offender is a natural person-imprisonment for seven years; or
(b) if the offender is a body corporate-$100,000.
(2) This section does not apply:
(a) to or in relation to an act done with the consent of the owner or
operator of the aircraft given with knowledge of the nature of the goods concerned;
(b) to or in relation to the carrying or placing of fire-arms, or ammunition
for fire-arms, on board an aircraft with permission granted under the Air Navigation Regulations, the Civil Aviation Act 1988 or regulations made under that Act;
(c) in the case of a Commonwealth aircraft (not being an aircraft that is
being used for commercial transport operations)-to or in relation to the carrying or placing of dangerous goods on board the aircraft by an officer of, or person employed in, the Public Service of the Commonwealth, or an officer of, or person employed by, an authority of the Commonwealth, in the performance of his duties, or by a person acting in accordance with the instructions of such an officer or person given in the performance of his duties; or
(d) in the case of a defence aircraft-to or in relation to the carrying or
placing of dangerous goods on board the aircraft by a member of the Defence Force in the performance of his duties or by a person acting in accordance with the instructions of a member of the Defence Force given in the performance of his duties.
(3) In this section, 'dangerous goods' means:
(a) fire-arms, ammunition, weapons and explosive substances; and
(b) substances or things that, by reason of their nature or condition, may
endanger the safety of an aircraft or of persons on board an aircraft.
CRIMES (AIRCRAFT) ACT 1963 - SECT 19
Threats and false statementsSECT
19.(1) A person shall not threaten, state that it is his intention, or make a statement from which it could reasonably be inferred that it is his intention, to destroy, damage or endanger the safety of an aircraft to which this Part applies or to kill or injure all or any of the persons on board such an aircraft.
(2) A person shall not make a statement or convey information, being a statement or information that he knows to be false, to the effect, or from which it could reasonably be inferred, that there has been, is or is to be a plan, proposal, attempt, conspiracy or threat to:
(a) take or exercise control, by force or violence, of an aircraft to which
this Part applies;
(b) destroy, damage or endanger the safety of such an aircraft; or
(c) kill or injure all or any of the persons on board such an aircraft.
Penalty: Imprisonment for two years.
CRIMES (AIRCRAFT) ACT 1963 - SECT 20
Alternative verdictsSECT
20.(1) Where, on the trial of a person for an offence against any of the provisions of section 11, the evidence does not establish the commission by him of that offence but establishes the commission by him of an offence against another of those provisions, he may be found guilty of that last-mentioned offence.
(2) Where, on the trial of a person for an offence against section 13, the evidence does not establish the commission by him of that offence but establishes the commission by him of an offence against section 12, he may be found guilty of that last-mentioned offence.
(3) Where, on the trial of a person for an offence against section 15, the evidence does not establish the commission by him of that offence but establishes the commission by him of an offence against section 14, he may be found guilty of that last-mentioned offence.
CRIMES (AIRCRAFT) ACT 1963 - PART IIIA
PART IIIA-CRIMES AFFECTING CERTAIN AERODROMES AND
AIR NAVIGATION FACILITIES
CRIMES (AIRCRAFT) ACT 1963 - SECT 20A
InterpretationSECT
20A. In this Part, unless the contrary intention appears:
'Commonwealth aerodrome' means:
(a) an area of land or water in Australia that is owned by the Commonwealth
and used, or intended for use, either wholly or in part, for, or in connection with, the arrival, departure or other movement of aircraft; or
(b) a Federal airport within the meaning of the Federal Airports Corporation
Act 1986;
and includes any building or other structure, or installation or equipment, in that area or on the land that forms the Federal airport, that is provided for use in connection with the operation of that area or that land as an aerodrome or as a Federal airport, as the case may be;
'Commonwealth air navigation facilities' means buildings or other structures, or installations or equipment, at any place in Australia that are, or is, provided by the Commonwealth or an Authority of the Commonwealth for use in connection with the navigation of aircraft, but does not include any building or other structure, or installation or equipment, in the area of a Commonwealth aerodrome.
CRIMES (AIRCRAFT) ACT 1963 - SECT 20B
Endangering safety of aerodrome etc.SECT
20B. A person shall not do any act or thing that, to his knowledge, is likely to endanger the safety of:
(a) a Commonwealth aerodrome or any part of a Commonwealth aerodrome or any
Commonwealth air navigation facilities; or
(b) any persons who are, or may be, within the limits of a Commonwealth
aerodrome or any Commonwealth air navigation facilities.
Penalty: Imprisonment for 7 years.
CRIMES (AIRCRAFT) ACT 1963 - SECT 20C
Threats and false statementsSECT
20C.(1) A person shall not threaten, state that it is his intention or make a statement from which it could reasonably be inferred that it is his intention:
(a) to destroy, damage or endanger the safety of a Commonwealth aerodrome or
any part of a Commonwealth aerodrome or any Commonwealth air navigation facilities; or
(b) to kill or injure any persons who are, or may be, within the limits of a
Commonwealth aerodrome or any Commonwealth air navigation facilities.
(2) A person shall not make a statement or convey information, being a statement or information that he knows to be false, to the effect, or from which it could reasonably be inferred, that there has been, is or is to be a plan, proposal, attempt, conspiracy or threat:
(a) to take or exercise control, by force or violence, of a Commonwealth
aerodrome or a part of a Commonwealth aerodrome or any Commonwealth air navigation facilities;
(b) to destroy, damage or endanger the safety of a Commonwealth aerodrome or
any part of a Commonwealth aerodrome or any Commonwealth air navigation facilities; or
(c) to kill or injure any persons who are, or may be, within the limits of a
Commonwealth aerodrome or any Commonwealth air navigation facilities.
Penalty: Imprisonment for 2 years.
CRIMES (AIRCRAFT) ACT 1963 - PART IV
PART IV-MISCELLANEOUS
CRIMES (AIRCRAFT) ACT 1963 - SECT 21
ProsecutionsSECT
21.(1) Proceedings for:
(a) the commitment of a person for trial on indictment for an offence
against this Act; or
(b) the summary prosecution of an offence against this
Act; shall not be instituted except with the consent in writing of the Attorney-General or a person authorized by the Attorney-General, by writing under his hand, to give such consents.
(2) Notwithstanding that a consent has not been given in relation to the offence in accordance with the last preceding subsection:
(a) a person may be charged with an offence against this Act;
(b) a person may be arrested for such an offence, and a warrant for such an
arrest may be issued and executed; and
(c) a person so charged may be remanded in custody or
on bail;
but no further step in proceedings of a kind referred to in that subsection shall be taken in relation to the offence until such a consent has been obtained.
(3) Nothing in the last preceding subsection shall prevent the discharging of the accused if proceedings are not continued within a reasonable time.
(4) A reference in this section to an offence against this Act includes a reference to an offence against:
(a) section 6, 7 or 7A of the Crimes Act 1914; or
(b) subsection 86 (1) of that Act by virtue of paragraph (a) of that
subsection;
that relates to an offence against this Act.
CRIMES (AIRCRAFT) ACT 1963 - SECT 22
Jurisdiction of courtsSECT
22.(1) Subject to the succeeding provisions of this section, jurisdiction is conferred on the several courts of the States and Territories with respect to offences against this Act.
(2) The jurisdiction conferred on courts by the last preceding subsection is conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, but, in the case of a court of a State, subject to the conditions and restrictions specified in paragraphs 39 (2) (a) and (c) of the Judiciary Act 1903.
(3) The jurisdiction conferred on a court of summary jurisdiction by this section shall not be judicially exercised except by a Chief, Police, Stipendiary, Resident or Special Magistrate.
(4) Jurisdiction with respect to an offence is not conferred by this section on a court of a Territory not forming part of the Commonwealth unless the offence was committed in the Territory or on board an aircraft the last place of taking off of which before the commission of the offence, or the next place of landing of which after the commission of the offence, was in that Territory.
(5) The trial on indictment of an offence against this Act that was not committed within any State may be held:
(a) in any State; or
(b) in any Territory in which a court having jurisdiction to try the offence
may sit.
(6) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for:
(a) their summary conviction;
(b) their examination and commitment for trial on indictment;
(c) their trial and conviction on indictment; and
(d) the hearing and determination of appeals arising out of any such trial
or conviction or out of any proceedings connected therewith;
and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act.
(7) Except as provided by this Act, the Judiciary Act 1903-1960 applies in relation to offences against this Act.
CRIMES (AIRCRAFT) ACT 1963 - SECT 22A
Offences against Parts III and IIIASECT
22A.(1) Subject to this section, a prosecution for an offence against Part III or IIIA shall be on indictment.
(2) Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for his commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against Part III or IIIA may be dealt with in accordance with that law.
(3) Where a person is charged with an offence against section 18, a court of summary jurisdiction may, with the consent of the defendant and of the prosecutor and if the court is satisfied that it is proper to do so, determine the charge summarily.
(4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against section 18, the penalty that the court may impose is:
(a) if the offender is a natural person-a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both; or
(b) if the offender is a body corporate-a fine not exceeding $25,000.
(5) A reference in this section to an offence against Part III or IIIA, or an offence against section 18, includes a reference to an offence against:
(a) section 6 or 7 of the Crimes Act 1914; or
(b) subsection 86 (1) of that Act by virtue of paragraph (a) of that
subsection;
that relates to an offence against Part III or IIIA, or an offence against section 18, as the case may be.
CRIMES (AIRCRAFT) ACT 1963 - SECT 23
Provisions in relation to venueSECT
23.(1) In a prosecution for an offence against this Act committed on board an aircraft engaged in a flight, where an act constituting, in whole or in part, the offence charged is proved, it shall be presumed, unless the evidence shows the contrary, that that act did not take place in a State or Territory other than the State or Territory in which the trial is held.
(2) In a prosecution for an offence against this Act committed on board an aircraft engaged in a flight, if the information, complaint or indictment specifies the flight in which the aircraft was engaged, it is not necessary for the information, complaint or indictment to state the part of Australia or other place at which the offence was committed, except where the prosecution is in a court of a Territory and the jurisdiction of the court depends on the offence having been committed in the Territory.
CRIMES (AIRCRAFT) ACT 1963 - SECT 24
Change of venueSECT
24.(1) Where, at any time after the presentation in a court in a part of Australia of an indictment for an offence against this Act and before the jury has returnned its verdict:
(a) the defendant objects to the trial on the ground that the offence, if
committed, was committed in another part of Australia; and
(b) the Judge is satisfied that the offence, if committed, was
committed in that other part of Australia;
the Judge shall forthwith order that the proceedings on the indictment be discontinued and, if the jury has been empanelled, that the jury be discharged, and that the defendant appear before that court or anoher court of the first-mentioned part of Australia at a specified place and at a specified time not later than twenty-eight days after the date on which the order is made, to be dealt with in accordance with this section.
(2) Where a Judge makes an order under the last preceding subsection, he may also:
(a) order that the defendant be kept in such custody as is specified in the
order; or
(b) admit the defendant to bail, on such recognizances as the Judge thinks
fit.
(3) If, before the time at which the defendant is to appear before a court, the Attorney-General or the Director of Public Prosecutions notifies that court that he does not intend to file an indictment against the defendant in a court of another part of Australia, the first-mentioned court shall, as soon as practicable after being so notified, make an order:
(a) discharging the defendant from his obligation to appear before that
court at that time; and
(b) directing:
(i) if the defendant is held in custody-that he be released; or
(ii) if has been admitted to bail-that the recognizances upon which he
was admitted to bail be discharged.
(4) If, at or before the time at which the defendant is to appear before a court, the Attorney-General or the Director of Public Prosecutions notifies that court that he has filed an indictment against the defendant in a court of another part of Australia, the first-mentioned court shall:
(a) if the defendant is in custody-forthwith; or
(b) in any other case-as soon as practicable after the time at
which the defendant is to appear before that court;
make an order directing that the defendant be taken, as soon as practicable, in the custody of such person as it directs, to the part of Australia in which the indictment was filed and there be delivered to the custody of a person having authority to arrest him, and may make such further orders as it thinks necessary for facilitating the carrying into effect of the first-mentioned order.
(5) If:
(a) at the time at which the defendant is to appear before a court, neither
the Attorney-General nor the Director of Public Prosecutions has notified that court that he does not intend to file an indictment against the defendant in a court in another part of Australia;
(aa) neither the Attorney-General nor the Director of Public Prosecutions
notifies the first-mentioned court before or at that time that he has filed such an indictment; and
(b) the defendant is in custody; the first-mentioned court shall, at that
time, make an order directing that he be released.
(6) Where an order has been made under subsection (1) in relation to an indictment, the proceedings on that indictment do not, and that order does not, prevent or prejudice any other indictment, or any information, against the defendant, whether on the same charge or on any other charge.
CRIMES (AIRCRAFT) ACT 1963 - SECT 25
Arrest of offenders etc.SECT
25.(1) The person in command of an aircraft to which Part II or Part III applies may, on board the aircraft, with such assistance as is necessary, arrest without warrant a person whom he finds committing, or reasonably suspects of having committed, or of having attempted to commit, an offence against that Part, and that person in command or a person authorized by him may hold the person so arrested in custody until he can be brought before a Justice of the Peace or other proper authority to be dealt with in accordance with law.
(2) The person in command of an aircraft to which Part II or Part III applies may, where he considers it necessary so to do in order to prevent an offence against that Part or to avoid danger to the safety of the aircraft or of persons on board the aircraft, with such assistance as he thinks necessary:
(a) place a person who is on board the aircraft under restraint or in
custody; and
(b) if the aircraft is not in the course of a flight-remove a person from
the aircraft.
CRIMES (AIRCRAFT) ACT 1963 - SECT 26
Power to search aircraft etc.SECT
26.(1) If, in relation to an aircraft to which Part II or Part III applies, the person in command of the aircraft or an authorized person reasonably suspects that an offence against that Part has been, is being or may be committed on board or in relation to the aircraft, he may, with such assistance as is necessary, search or cause to be searched:
(a) the aircraft and any person, luggage or freight on board the aircraft;
and
(b) in the case of an aircraft to which Part III applies and which is not
engaged in a flight-any person who is about to board the aircraft and any luggage or freight that is about to be placed on board the aircraft.
(1A) If an authorized person reasonably suspects that an offence against Part IIIA has been, is being or may be committed in respect of a Commonwealth aerodrome, or Commonwealth air navigation facilities, within the meaning of that Part, he may, with such assistance as is necessary, search or cause to be searched:
(a) any person, luggage, freight or vehicle found within the limits, or in
the vicinity, of that aerodrome or those facilities; or
(b) any area in the vicinity of that aerodrome or those facilities.
(2) A female shall not be searched under this section except by a female.
(3) In this section, 'authorized person' means a person authorized in writing for the purposes of this section by the Minister for Aviation.
CRIMES (AIRCRAFT) ACT 1963 - SECT 27
Saving of other lawsSECT
27. This Act is not intended to exclude or limit the operation of any other law of the Commonwealth or, except as provided by the next succeeding section, the operation of any law of a State or Territory.
CRIMES (AIRCRAFT) ACT 1963 - SECT 28
Person not to be convicted twice for same act or omissionSECT
28. Where an act or omission of a person is both an offence against this Act and an offence under the law of a State or Territory and that person is convicted of either of those offences, he is not liable to be convicted of the other of those offences.
CRIMES (AIRCRAFT) ACT 1963 - SECT 29
Death sentencesSECT
29.(1) Where a person is convicted of an offence against this Act punishable by death:
(a) the sentence of the court shall be that the convicted person shall
suffer the punishment of death; and
(b) the court may give directions with respect to the holding in custody of
the convicted person until the sentence is executed or directions of the Governor-General under subsection (3) with respect to his custody take effect.
(2) Subject to the next succeeding subsection, a sentence of death passed by a court in pursuance of this Act shall be carried into execution in accordance with the law of the State or Territory in which the offender is convicted.
(3) The Governor-General may, in any case (including a case in which the law of the State or Territory in which the offender is convicted does not provide for the execution of sentences of death), give directions for and in relation to the carrying into execution of a sentence of death passed by a court in pursuance of this Act and, where such directions are given, the sentence shall be carried into execution accordingly.
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Citations
Crimes (Aircraft) Act 1963 (Cth)
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