Crimes (Aviation) Act 1991
No. 139, 1991
Compilation No. 25
Compilation date: 11 May 2018
Includes amendments up to: Act No. 31, 2018
Registered: 14 May 2018
About this compilation
This compilation
This is a compilation of the Crimes (Aviation) Act 1991 that shows the text of the law as amended and in force on 11 May 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Introductory
Division 1—Short title and commencement
1 Short title
2 Commencement
Division 2—Definitions and interpretation
3 Definitions
4 Meaning of threaten
5 Aircraft flights: when do they start?
6 Aircraft flights: when do they end?
7 Aircraft flights between 2 parts of Australia
8 Aircraft flights within a Territory
8A Aircraft flights within a State
9 What is hijacking?
10 What is an unlawful act?
Division 3—Extension of Act to external Territories etc.
11 Extension of Act to external Territories
12 Extra‑territorial operation
Division 4—Application of Criminal Code
12A Application of the Criminal Code
Part 2—Offences
Division 1—Hijacking and other acts of violence on board aircraft
13 Hijacking an offence
14 Other acts of violence
Division 2—Other offences on board aircraft engaged in certain flights
15 Certain offences committed on aircraft
Division 3—Offences affecting aircraft and the safe operation of aircraft
16 Taking control of aircraft
17 Destruction of aircraft
18 Destruction of aircraft with intent to kill
19 Prejudicing safe operation of aircraft
20 Prejudicing safe operation of aircraft with intent to kill etc.
20A Assaulting crew—general
21 Assaulting crew—affecting performance of duty
22 Endangering safety of aircraft—general
22A Endangering safety of aircraft—acts…
Overview
The Crimes (Aviation) Act 1991 was enacted by the Australian Parliament to address the problem of criminal activities related to aviation, including acts of violence on board aircraft, hijacking, and other offences that endanger the safety of civil aviation. The Act extends to external territories and provides extra-territorial operation, allowing for the prosecution of Australian citizens who commit offences outside Australia. The Act applies the principles of the Criminal Code to all offences under the Act and includes provisions for the arrest, detention, and prosecution of offenders. The Act also provides for the restoration of control of aircraft to lawful commanders and for the application of international conventions, including the Convention for the Suppression of Unlawful Seizure of Aircraft and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation.
Scope and Application
The Crimes (Aviation) Act 1991 applies to Commonwealth aircraft, Australian aircraft, division 2 and division 3 aircraft, division 3 aircraft, and foreign aircraft in Australia. It applies to acts of violence, hijacking, and other unlawful acts committed on or in relation to aircraft engaged in certain flights. The Act applies to persons who commit offences on board aircraft, including acts of violence, hijacking, and other unlawful acts. It also applies to persons who commit offences that affect the safe operation of aircraft, such as endangering the safety of aircraft, assaulting crew members, carrying dangerous goods, and making threats or false statements. The Act applies to flights that start in one part of Australia and end in another, as well as flights within a Territory or State. The Act extends to the external Territories and has extra-territorial operation, meaning it applies to acts committed outside Australia, whether in or over a foreign country, and to all persons regardless of their nationality or citizenship. The Act also applies to offences committed on Commonwealth aerodromes and air navigation facilities. The Act incorporates provisions of the Tokyo Convention, Hague Convention, Montreal Convention, and Protocol, giving them the force of law. The Act allows for the acceptance of delivery of persons under the Tokyo Convention, the deportation of certain individuals under the Migration Act 1958 or the Immigration Act 1980 of Norfolk Island, and the restoration of control of aircraft to its lawful commander. It also provides for the arrest and detention of offenders, search and seizure powers, and the operation of other laws. The Act includes transitional and savings provisions to ensure continuity of certain provisions from previous Acts.
Key Provisions
- The Crimes (Aviation) Act 1991 outlines a range of criminal offences related to aviation, including hijacking, other acts of violence on board aircraft, and endangering the safe operation of aircraft. Section 13 of the Act makes hijacking an aircraft an indictable offence, with penalties of imprisonment for life. Section 14 criminalises other acts of violence on board aircraft, with the same penalties as the offence of hijacking. Section 15 covers certain offences committed on aircraft engaged in prescribed flights, with penalties varying from imprisonment for 10 years to imprisonment for 14 years, depending on the severity of the offence. Section 16 to 24 detail offences affecting aircraft and the safe operation of aircraft, such as taking control of an aircraft, destruction of aircraft, prejudicing safe operation of aircraft, assaulting crew, endangering safety of aircraft, and dealing with dangerous goods. These offences carry penalties ranging from imprisonment for 10 years to imprisonment for 20 years.
- The Act imposes obligations on parties or entities it governs, such as requiring them to refrain from engaging in acts that endanger the safety of aircraft or the lives of passengers and crew. It also mandates that authorised persons, including members of the Australian Federal Police and officers of state or territory police forces, take appropriate action to prevent or address these offences. For instance, Section 32 allows authorised persons to take action to restore control of an aircraft to its lawful commander or to preserve the commander’s control of the aircraft. Section 33 allows for the taking into custody of persons suspected of committing prohibited acts, which include Convention offences and acts resulting in certain international treaties applying in respect of the relevant person.
- Breaches of the Act can result in serious consequences, including criminal and civil penalties. For example, Section 13 stipulates that a person who hijacks an aircraft commits an indictable offence and is liable for imprisonment for life. Section 14 states that a person who commits an act of violence on board an aircraft commits an offence and is liable for the same punishment as the offence mentioned in the relevant provision. Other sections similarly outline the penalties for various offences, which can include imprisonment for terms ranging from 10 to 20 years. The Act also provides for alternative verdicts in certain circumstances, allowing the trier of fact to find the defendant guilty of a lesser offence if they are not satisfied of the more serious offence.
- Area of Law
- Criminal Law
- International Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Licensing & Registration
- Regulatory Standards
- Transitional Provisions
